415 F. App'x 990
11th Cir.2011Background
- Two Atlanta police officers, in a marked car with tag reader tech, identified Wilcox as a potential suspect via license plate data.
- The tag reader alerted on a plate; officers checked with the Georgia Criminal Information Center and found the plate expired and not matching the car.
- Wilcox, a convicted felon, was pulled over; a pat-down revealed a loaded firearm in his back pocket.
- Wilcox moved to suppress the evidence, arguing the tag reader surveillance violated his Fourth Amendment rights.
- A magistrate judge recommended denial of the suppression motion; the district court adopted the R&R and denied suppression.
- Wilcox was tried, convicted, and sentenced to 180 months; he appealed challenging the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wilcox waived appellate review of suppression denial | Wilcox argues error, but failed to object. | Rule 59(b)(2) objections required; waiver applies. | Waived; appellate review denied |
| Whether the suppression denial would be affirmed under plain error | Even if reviewed, the tag reader violated privacy. | Surveillance of a plainly visible plate is not a Fourth Amendment violation. | Plain error not shown; affirm under existing precedent |
Key Cases Cited
- United States v. Lewis, 492 F.3d 1219 (11th Cir. 2007) (waiver of review under Fed. R. Crim. P. 59(b)(2))
- New York v. Class, 475 U.S. 106 (1986) (visual surveillance of vehicles not a Fourth Amendment violation)
- United States v. Knotts, 460 U.S. 276 (1983) (use of radio transmitter to aid surveillance; no unreasonable search)