United States v. Wilks
2011 U.S. App. LEXIS 15554
| 4th Cir. | 2011Background
- Officer Cueto stopped Wilks for an expired license plate on September 21, 2006 in Orangeburg, South Carolina.
- Wilks produced documents; he repeatedly reached under the front seat, prompting officer concern for safety.
- Wilks was arrested for driving with a suspended license and placed in the back of a patrol car; Officer O'Cain searched under the front seat.
- A .380 pistol was recovered under the front seat and ammunition in the trunk; Wilks challenged the stop and search as violating Gant.
- District court suppressed the evidence; government argued good-faith reliance on binding Fourth Circuit precedent justified admission; Davis later overrturned that premise.
- Fourth Circuit vacated district court decision and remanded in light of Davis v. United States (2011).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good-faith exception applies when police rely on binding appellate precedent later overruled | Wilks | Wilks | Exclusionary rule does not apply; good-faith exception applies |
| Whether Davis governs retroactivity of good-faith exception in this context | Wilks | Wilks | Davis controls; exclusionary rule not warranted |
Key Cases Cited
- Davis v. United States, 131 S. Ct. 2419 (2011) (good-faith exception applies to searches based on overriden binding appellate precedent)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits car search incident to arrest after arrestee is secured)
- United States v. Milton, 52 F.3d 78 (4th Cir. 1995) (permits vehicle search post-arrest under established precedent)
- United States v. Johnson, 457 U.S. 537 (1982) (retroactivity of new Fourth Amendment rules)
- Griffith v. Kentucky, 479 U.S. 314 (1987) (retroactivity principles for new rules)