United States v. Dawud Saafir, 2014 U.S. App. LEXIS 10847

Saafir was pulled over for speeding and tinted windows; his license showed it was revoked.
Based on a DMV check, the officer classified Saafir as armed and dangerous, a validated gang member, a STARs offender, and subject to stay-away orders from public housing properties.
The officer issued warning tickets for the revocation and tinted windows; Saafir exited the car and a hip flask was observed in the driver-side door pocket.
Saafir refused consent to a car search; the officer asserted probable cause to search the car based on the flask, and pressed for a search.
Saafir indicated there might be a gun in the vehicle; officers eventually searched and found marijuana in the car and a gun in a locked glove compartment after Saafir provided the key.
The district court denied suppression; Saafir pleaded guilty conditionally; on appeal, the Fourth Circuit held the search unconstitutional because it was predicated on a false assertion of probable cause.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the search was reasonable where probable cause was tainted by a false assertion of authority	Saafir	State	Tainted; suppression required

Ornelas v. United States, 517 U.S. 690 (Supreme Court, 1996) (probable cause governs searches)
Bumper v. North Carolina, 395 U.S. 543 (Supreme Court, 1968) (invalidated consent obtained after a false claim of a warrant)
Kentucky v. King, 131 S. Ct. 1849 (Supreme Court, 2011) (police cannot manufacture exigent circumstances or probable cause)
Guzman, 739 F.3d 241 (5th Cir., 2014) (false claim of lawful authority taints otherwise probable cause)
Digiovanni, 650 F.3d 498 (4th Cir., 2011) (standard of review for district court findings)
Leon, 468 U.S. 897 (Supreme Court, 1984) (exclusionary rule and independent source/probable cause considerations)
Wong Sun v. United States, 371 U.S. 471 (Supreme Court, 1963) (exclusion of evidence obtained as a result of unlawful police conduct)