United States v. Brown
2011 U.S. App. LEXIS 4607
| 8th Cir. | 2011Background
- Brown rode with Murray and Anderson on Nebraska Highway 2 when Murray's car broke down at night; deputy smelled burnt marijuana from the vehicle.
- Anderson admitted smoking marijuana; deputies searched Anderson's bag in Murray's trunk and then prepared to search the vehicle further after Murray opened the trunk.
- Brown was questioned, briefly searched, and then detained but not arrested during the early stage of the search; marijuana was found on Brown as deputies expanded the search.
- A search of the entire vehicle uncovered a loaded Bryco .380 handgun under a McDonald's bag on the floorboard near the front passenger seat, and a second gun was found in the backseat area after questioning Anderson.
- Approximately $1,990 in cash, a small amount of marijuana on Brown, and cocaine hidden on Murray were located in close proximity to the firearm, supporting the inference of Brown's knowledge and possession.
- Brown was ultimately arrested as a felon in possession of a firearm after the search; the district court denied the suppression motion and applied the automobile exception to justify the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the vehicle search permissible under the automobile exception? | Brown contends the search was unlawful without a warrant. | Government argues odor of burnt marijuana gave probable cause to search the vehicle under automobile exception. | Yes; search justified by automobile exception. |
| Was there sufficient evidence Brown knowingly possessed the firearm? | Brown argues the government failed to prove knowing possession. | Government argues proximity, Brown's sole presence in passenger seat, and related drugs/cash support knowledge and control. | Yes; sufficient evidence supports knowing possession. |
| Was Brown's Batson challenge waived by failure to timely object? | Brown asserts Batson violation due to lack of minority jurors. | Government asserts no timely objection was raised during voir dire. | Waived; Batson challenge not preserved. |
| Is Brown's sentence substantively reasonable within the Guidelines? | Brown contends 78 months is unreasonable compared to co-defendant's sentence. | Government maintains sentence is within Guidelines and reasonable given §3553(a) factors. | No abuse of discretion; sentence reasonable within range. |
Key Cases Cited
- United States v. Davis, 569 F.3d 813 (8th Cir. 2009) (probable cause supports automobile search under automobile exception)
- United States v. Cortez-Palomino, 438 F.3d 910 (8th Cir. 2006) (per curiam; automobile exception foundations)
- United States v. Donnelly, 475 F.3d 946 (8th Cir. 2007) (probable cause Gates standard applied)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause requires totality of the circumstances)
- United States v. Neumann, 183 F.3d 753 (8th Cir. 1999) (odor of burnt cannabis as probable cause to search)
- United States v. Webster, 625 F.3d 439 (8th Cir. 2010) (search incident to arrest vs. automobile exception distinction)
- United States v. Smart, 501 F.3d 862 (8th Cir. 2007) (elements of felon in possession of a firearm)
- United States v. Cox, 627 F.3d 1083 (8th Cir. 2010) (constructive vsActual possession considerations)
- United States v. Maloney, 466 F.3d 663 (8th Cir. 2006) (exculpatory explanations do not preclude verdict)
- United States v. McCraney, 612 F.3d 1057 (8th Cir. 2010) (fingerprint evidence not required for conviction)