United States v. Charles Weems , 462 F. App'x 750 ( 2011 )

FILED
NOT FOR PUBLICATION DEC 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-30011
Plaintiff - Appellant, D.C. No. 2:07-cr-02078-FVS
v.
MEMORANDUM *
CHARLES THOMAS WILMER
WEEMS,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of Washington
Fred L. Van Sickle, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
The government appeals from the district court’s order granting defendant
Charles Weems’ motion to suppress evidence seized pursuant to a vehicle search
incident to his arrest. We have jurisdiction under 18 U.S.C. § 3731, and we vacate
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the order and remand for reconsideration.
The government concedes that the search of Weems’ vehicle after he was
handcuffed and placed in the back of a patrol car was unconstitutional under
Arizona v. Gant, 556 U.S. 332 (2009), but contends that it was permissible under
the good-faith exception for searches conducted in reliance on binding precedent.
The Supreme Court recently held that “searches conducted in objectively
reasonable reliance on binding appellate precedent are not subject to the
exclusionary rule.” Davis v. United States, 131 S. Ct. 2419, 2428-29 (2011). The
search of Weems’ vehicle occurred prior to the Supreme Court’s decision in Gant,
and was conducted in compliance with New York v. Belton, 453 U.S. 454, 460
(1981), which was binding appellate precedent at the time of the search.
Accordingly, we vacate and remand for the district court to reconsider its order in
light of Davis.
The government’s request for a stay is denied as moot.
VACATED AND REMANDED.
2 11-30011