Evidence-Protective Search

7^th Circuit Court of Appeals

Case Name: United States of America v. Damond Wiley, Jr.

Case No.: 24-2744

Officials: Ripple, Lee, and Kolar, Circuit Judges.

Focus: Evidence-Protective Search

The found Two Illinois State Police troopers observed Damond K. Wiley, Jr. driving a blue BMW in East St. Louis. After following the vehicle for several blocks, they watched it back into a lot in front of a dilapidated, roofless house, with its front wheels partially extending into the street and the vehicle obstructing the sidewalk. The troopers also observed that the BMW’s windows were heavily tinted, appearing to violate Illinois law. After the troopers activated their emergency lights and stopped behind the vehicle, Wiley exited the BMW. Although ordered to return to the vehicle, he instead fled on foot. One trooper pursued Wiley briefly while the other approached the BMW and observed a handgun in plain view on the driver’s seat. Wiley was subsequently apprehended, and a later search of the vehicle uncovered cannabis and a digital scale.

The United States, charged Wiley with possession of a firearm by a convicted felon. Wiley moved to suppress the evidence, contending that both the stop and the subsequent search violated the Fourth Amendment, and requested an evidentiary hearing. The district court denied the motion and the request for a hearing, concluding that the troopers had reasonable suspicion to initiate the traffic stop based on the unlawful window tint and other traffic violations. The court further determined that the warrantless search of the vehicle was justified under multiple exceptions to the Fourth Amendment’s warrant requirement, including the protective-search doctrine.

The Seventh Circuit found that the traffic stop was supported by reasonable suspicion arising from the apparent window tint violation. It further concluded that the limited search of the BMW was lawful under the protective-search exception because Wiley’s flight and the officers’ inability to see into the vehicle created legitimate officer-safety concerns. The Seventh Circuit also found that the district court did not abuse its discretion in denying Wiley’s request for an evidentiary hearing.

Affirmed.

Decided 08/06/26

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