Briscoe v. State

30 A.3d 870, 422 Md. 384, 2011 Md. LEXIS 640
CourtCourt of Appeals of Maryland
DecidedOctober 24, 2011
DocketNo. 4
StatusPublished
Cited by19 cases

This text of 30 A.3d 870 (Briscoe v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Briscoe v. State, 30 A.3d 870, 422 Md. 384, 2011 Md. LEXIS 640 (Md. 2011).

Opinion

BARBERA, J.

Petitioner William E. Briscoe was tried before a jury in the Circuit Court for Baltimore City and convicted of the crimes of possessing a regulated firearm after having been convicted of a disqualifying crime; wearing, carrying, or transporting a handgun in a vehicle; possessing cocaine; and driving on a suspended license. Those convictions were based on evidence the police recovered while searching Petitioner’s vehicle at the time of his arrest. At that time, the police found cocaine in the center console of the passenger compartment and a handgun in the locked glove compartment.

Petitioner did not challenge the seizure of the cocaine, but he did seek suppression of the handgun, claiming that it was the fruit of a search forbidden by the Fourth Amendment. The suppression court denied the motion, finding that the evidence was lawfully obtained either as a valid inventory search under South Dakota v. Opperman, 428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976), and its progeny, or as a valid search incident to arrest under New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981).

On appeal to the Court of Special Appeals, Petitioner challenged the Circuit Court’s denial of his motion to suppress the handgun. While the case was pending in that court, the Supreme Court decided Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009). The State conceded that, under Gant, the search violated the Fourth Amendment. The State argued, though, that Petitioner was not entitled to suppression of the handgun, by application of the good-faith exception to the Fourth Amendment’s exclusionary rule. In the State’s view, the police conducted the search “rely[ing] in good faith on controlling judicial precedent.” The Court of Special Appeals did not reach the Gant issue, holding instead that the handgun found within the locked glove compartment was recovered during a valid inventory search. Petitioner filed a petition for writ of certiorari, which we granted to answer the following questions:

[390]*3901. Did the circuit court err in finding that a search of a vehicle was a valid inventory search where the State failed to establish (a) that there was a legitimate need to tow the vehicle, (b) that the officer made an inventory list and gave a copy to the driver, (c) that the towing of the vehicle and the opening of the locked glove compartment were permitted by established standardized policies, or (d) that the opening of the locked glove box was necessary to safeguard property against loss?
2. In light of the Supreme Court’s recent decision in Arizona v. Gant, [556 U.S. 382, 129 S.Ct. 1710] (2009), did the circuit court err in finding that a search of a vehicle, which included a search of the locked glove compartment, was a valid search incident to arrest where the State failed to establish that the arrestee was unsecured and within reaching distance of the vehicle at the time of the search, and where the police had the keys to the locked glove compartment?

At the time of briefing and oral argument in this case, the parties and the Court were aware that the issue generated by the State’s good-faith argument was in material respect identical to an issue then pending certiorari review in the Supreme Court. The Court granted the writ in Davis v. United States, — U.S. —, 131 S.Ct. 502, 178 L.Ed.2d 368 (2010), and on June 16, 2011, issued its opinion in the case. 564 U.S. -, 131 S.Ct. 2419, 180 L.Ed.2d 285.1

The Davis Court held, much as the State has argued in the present case, “that searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule.” 564 U.S. at-, 131 S.Ct. at 2423-24. [391]*391The holding of Davis applies to the second question before us. See Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987) (holding that “a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a ‘clear break’ with the past”); State v. Daughtry, 419 Md. 35, 78, 18 A.3d 60, 86 (2011) (stating same). Applying Davis to that question, we must determine whether, incident to Petitioner’s arrest, the police searched the locked glove compartment in objectively reasonable reliance on then-binding Maryland appellate precedent, namely Belton.

For reasons we shall explain more fully, we hold that the search of the glove compartment was not a valid inventory search. We further hold that, under Davis, the good-faith exception to the exclusionary rule applies to what, at the time, was a lawful search of the glove compartment, under Belton. We therefore affirm the judgment of the Court of Special Appeals, albeit on a ground not relied upon by that court.

I.

A. The Suppression Motion Hearing

Baltimore City Police Officer Lavgh Bormanshinov was the sole witness at the hearing on Petitioner’s motion to suppress the handgun. Officer Bormanshinov testified as follows about the sequence of events before and during the search of Petitioner’s vehicle:

On June 26, 2007, at 12:50 a.m., Officer Bormanshinov observed a minivan traveling near the 1200 block of Presstman Street in Baltimore. Its taillights were not illuminated. Officer Bormanshinov activated his lights and trained his spotlight on the minivan, indicating to the driver that he pull over. The driver, Petitioner, immediately stopped the minivan.

Officer Bormanshinov approached the vehicle and asked Petitioner for his driver’s license and the vehicle’s registration. [392]*392Petitioner could not produce his driver’s license, but he did provide the officer with the registration. The registration showed that the minivan was owned by Ms. Luella Lane.

Officer Bormanshinov returned to his vehicle and, using the information Petitioner supplied him, discovered that Petitioner’s license was suspended and there was an open arrest warrant for him. Officer Bormanshinov returned to the minivan and asked Petitioner for the keys, which Petitioner gave him. Officer Bormanshinov then went back to his vehicle and, upon further investigation, learned that the warrant was “positive.”2 Officer Bormanshinov removed Petitioner and his passenger, Jeremy Ringgold, from the minivan. Officer Bormanshinov arrested Petitioner, searched him, and sat him on the curb.

At some point during the preceding events, Officer Bormanshinov’s Sergeant, whose name is not reflected in the record, arrived on the scene. The Sergeant stood next to the passenger door to monitor the then-still-seated front seat passenger, Ringgold, while Officer Bormanshinov further investigated the warrant for Petitioner. When Officer Bormanshinov returned, he asked Ringgold for identification for the purpose of running a “warrant check.” Ringgold was unable to comply.

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Cite This Page — Counsel Stack

Bluebook (online)
30 A.3d 870, 422 Md. 384, 2011 Md. LEXIS 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briscoe-v-state-md-2011.