Briscoe v. State
30 A.3d 870
| Md. | 2011Background
- Briscoe arrested in Baltimore and charged with firearm, narcotics, and suspended license offenses based on vehicle search evidence.
- Handgun found in locked glove compartment; cocaine found in center console during arrest search.
- Suppression court denied handgun suppression, relying on inventory search under Opperman and/or search incident to arrest under Belton.
- Court of Special Appeals affirmed on inventory/search-incident grounds, without addressing Gant issue.
- Supreme Court decision in Arizona v. Gant (2009) issued during proceedings, prompting review of whether good-faith reliance on binding Maryland precedent could save the search.
- Maryland law at time of search followed Belton; later, Gant narrowed permissible vehicle searches, prompting retroactivity/good-faith analysis under Davis v. United States (2010).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether glove compartment search was a valid inventory search | Briscoe | State | Not valid inventory search |
| Whether search incident to arrest was permissible under Belton/Gant | Briscoe | State | Not permissible under Gant; but good-faith exception applies under Davis |
| Whether the good-faith exception applies to pre-Gant searches when relying on binding Maryland precedent | Briscoe | State | Good-faith exception applies; not suppressed |
| Retroactivity of Gant and its impact on suppression | Briscoe | State | Gant retroactive; Davis good-faith framework controls outcome |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits vehicle searches incident to arrest to reasonable cases)
- Davis v. United States, 564 U.S. — (U.S. 2011) (good-faith reliance on binding precedent blocks exclusionary rule)
- Belton, 453 U.S. 454 (U.S. 1981) (permits search of passenger compartment and containers within it)
- Opperman, 428 U.S. 364 (U.S. 1976) (establishes inventory search of lawfully held vehicles)
- Wells, 495 U.S. 1 (U.S. 1990) (requires standardized policy for opening closed containers during inventory searches)
- Duncan v. State, 281 Md. 247 (Md. 1977) ( Maryland inventory search framework)
- Gee v. State, 291 Md. 663 (Md. 1981) ( Maryland Belton interpretation in state law)
- Hamel v. State, 179 Md. App. 1 (Md. Ct. Spec. App. 2008) ( Maryland recognized Belton container scope pre-Gant)