United States v. Soza
2011 U.S. App. LEXIS 13884
10th Cir.2011Background
- 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)
