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U.S. v. WILKS

No. 09-5166.

647 F.3d 520 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Laury Arthur WILKS, Jr., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 28, 2011.

Attorney(s) appearing for the Case

ARGUED: Vijay Shanker , United States Department of Justice, Washington, D.C., for Appellant. John Herman Hare , Office of the Federal Public Defender, Columbia, South Carolina, for Appellee. ON BRIEF: Kevin F. McDonald , Acting United States Attorney, Robert C. Jendron, Jr. , Robert F. Daley, Jr. , Assistant United States Attorneys, Office of the United States Attorney, Columbia, South Carolina, for Appellant.

Vacated and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge AGEE and Judge DEVER joined.

OPINION

HAMILTON, Senior Circuit Judge:

The issue presented is whether the good-faith exception to the exclusionary rule permits the admission of evidence obtained by a police officer who conducts a search in objectively reasonable reliance on binding appellate (in our case, Fourth Circuit) precedent that is later overruled. On June 16, 2011, the Supreme Court of the United States resolved this issue, holding...

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