History
  • No items yet
midpage
United States v. Soza
2011 U.S. App. LEXIS 13884
10th Cir.
2011
Read the full case

Background

  • Soza was pulled over for speeding and, after identifying him, a check revealed a revoked license and an outstanding felony warrant with an arrest clause.
  • Funes arrested Soza and, after securing him in the patrol car, conducted a vehicle search incident to arrest.
  • The search yielded a handgun and methamphetamine in the vehicle’s driver’s-side floorboard.
  • Soza moved to suppress the vehicle evidence, invoking Arizona v. Gant, which limits vehicle searches incident to arrest when the arrestee is secured.
  • The district court denied suppression, applying the good-faith exception based on then-binding circuit precedent (McCane).
  • On appeal, the Tenth Circuit affirmed, holding that searches in objectively reasonable reliance on binding appellate precedent are not subject to suppression, even if later overruled.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the good-faith exception applies to the search. Soza (via McCane) Soza Yes; suppression reversed, evidence admissible
Whether Gant would bar the search at issue. Gant limits searches incident to arrest when arrestee secured Soza Gant not controlling due to timing; search stood under binding precedent
Whether post-search Supreme Court Davis affects the outcome. Davis would apply, potentially barring the search Soza Davis confirms the McCane-based good-faith exception; no suppression

Key Cases Cited

  • Arizona v. Gant, 556 U.S. 332 (Supreme Court 2009) (limits vehicle searches incident to arrest to the arrestee's immediate control)
  • United States v. McCane, 573 F.3d 1037 (10th Cir. 2009) (good-faith exception applies to reliance on settled appellate precedent later overruled by Supreme Court)
  • United States v. Brothers, 438 F.3d 1068 (10th Cir. 2006) (pre-Gant rule permitting vehicle searches incident to driver’s arrest)
  • Davis v. United States, 131 S. Ct. 2419 (Supreme Court 2011) (confirms good-faith reliance on binding appellate precedent under exclusionary rule)
Read the full case

Case Details

Case Name: United States v. Soza
Court Name: Court of Appeals for the Tenth Circuit
Date Published: Jul 7, 2011
Citation: 2011 U.S. App. LEXIS 13884
Docket Number: 10-2196
Court Abbreviation: 10th Cir.