525 F. App'x 401
6th Cir.2013Background
- Thurman was stopped for speeding with a nonworking headlight and license plate light; after the stop, police learned of a nearby hotel robbery and Goose described suspect matched Thurman.
- Officers conducted a search; Thurman verbally consented to a car search and handed over keys; marijuana bags were found in the center console.
- Glove box was locked; Honaker asked to open it; Thurman handed over the keys; glove box contained a Taurus .45 pistol.
- Thurman was charged with two counts of felon in possession; suppression motion argued lack of valid consent and Miranda issues.
- District court denied suppression, crediting officers’ testimony that Thurman consented to the initial search and glove box.
- At sentencing, the district court applied the Armed Career Criminal Act (ACCA) based on prior convictions; McNeill v. United States later controlled how past drug offenses’ maximums are evaluated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the glove box search voluntary consent? | Thurman did not verbally consent; custodial setting and absence of warnings undermined voluntariness. | Consent was voluntary considering totality of circumstances; actions like handing over keys were nonverbal consent. | Consent to search glove box was voluntary. |
| Does lack of Miranda warnings defeat valid consent? | No warnings render consent involuntary. | Warnings not required to render consent involuntary; voluntariness assessed by totality of circumstances. | Miranda warnings needed not to negate voluntary consent; not determinative here. |
| Was ACCA properly applied using the defendant’s prior state-law maximums? | McNeill should not retroactively affect Thurman’s calculation given timing and unique history. | McNeill governs and requires using the maximum term at the time of state conviction; the district court correctly applied ACCA. | ACCA properly applied under McNeill v. United States; Thurman qualified. |
Key Cases Cited
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973) (voluntariness of consent assessed by totality of circumstances)
- United States v. Collins, 683 F.3d 697 (6th Cir. 2012) (consent to search voluntary; right to refuse not required to be informed)
- United States v. Worley, 193 F.3d 380 (6th Cir. 1999) (length of detention and coercion affect voluntariness)
- United States v. Watson, 423 U.S. 411 (U.S. 1976) (custody alone does not render search consent involuntary)
- McNeill v. United States, 131 S. Ct. 2218 (2011) (state-law maximums at time of conviction govern 'serious drug offense' for ACCA)
- Morton, 17 F.3d 911 (6th Cir. 1994) (prior sentencing maximums used for ACCA calculation prior to McNeill)
- United States v. Ivy, 165 F.3d 397 (6th Cir. 1998) (standard of review for suppression rulings)
- United States v. Erwin, 155 F.3d 818 (6th Cir. 1998) (burden to prove voluntary consent)