United States Fourth Circuit

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US v. Baker, 12-6624

Petition for habeas corpus challenging defendant's convictions of multiple federal firearm and drug offenses based on evidence that police officers uncovered while searching his vehicle during a traffic stop is denied, where defendant failed to make a showing of ineffective assistance of counsel because: 1) although defendant's attorney did not raise the argument decided in Arizona v. Gant on direct appeal, the search would have been lawful under the automobile exception which permits a warrantless search of a vehicle when there is probable cause to believe the vehicle contains contraband or other evidence of criminal activity; 2) defendant lacks standing to challenge the frisk and search of the other vehicle occupant, which uncovered the contraband that ultimately gave the officer probable cause to search defendant's vehicle; and 3) in any event, the good-faith exception would bar suppressing the evidence found during the search of defendant's vehicle, because the officers were following the law as it existed at the time of the search.

Appellate Information

  • Decided 06/13/2013
  • Published 06/13/2013

Judges

  • WILKINSON

Court

  • United States Fourth Circuit

Counsel