People v. Mungo
813 N.W.2d 796
Mich. Ct. App.2012Background
- Mungo III arises after Davis v. United States; issue is whether the gun-search was valid under Belton with a good-faith exception.
- Mungo I applied Belton to allow a search of the passenger compartment incident to a passenger’s arrest despite no obvious probable cause.
- Mungo II adopted Gant retroactively, suppressing the gun evidence in light of Gant’s limitations.
- Michigan Supreme Court later vacated and remanded to consider Davis, which held searches reasonably relying on binding appellate precedent are not subject to suppression.
- Mungo III concludes the police acted in objectively reasonable reliance on Belton; the good-faith exception applies and the gun evidence should not have been suppressed; case is reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good-faith exception applies to pre-Gant Belton search | Prosecution: Belton valid; Davis allows good-faith reliance | Mungo: no settled precedent; not reasonable reliance | Yes; good-faith applies and suppressio n was improper. |
| Whether Belton was settled law for passenger-arrest searches | Belton treated as controlling for all occupants | Belton not settled for passenger-arrest context | Belton was binding precedent; reliance reasonable. |
| Remedy under Davis for pre-Gant searches conducted per binding precedent | Davis permits good-faith relief | Davis does not overrule Michigan departures | Exclusionary rule does not apply; Gun evidence admissible. |
Key Cases Cited
- New York v Belton, 453 US 454 (1981) (search incident to arrest of occupant permitted regardless of driver status)
- Arizona v Gant, 556 US 332 (2009) (limits Belton for arrestee who is secured; not within reaching distance)
- Davis v United States, 564 US — (2011) (good-faith exception applies to reasonable reliance on binding precedent)
- United States v Leon, 468 US 897 (1984) (foundation of the good-faith exception)
- Thornton v United States, 541 US 615 (2004) (concerns contemporaneous arrests and search parameters)
- United States v Gonzalez, 71 F.3d 819 (11th Cir. 1996) (binding-circuit precedent discussion)