United States v. John Farnell
2012 U.S. App. LEXIS 24856
| 8th Cir. | 2012Background
- MSHP Corporal Wilmont stopped Farnell west of Cuba, MO after receiving bank robbery bulletins describing a white van and a heavy-set white male suspect with a chipped tooth.
- Wilmont observed Farnell’s van matching the general vehicle description and Farnell shielding his face as it passed, forming the basis for a stop.
- Wilmont obtained Farnell’s license and, at the scene, Farnell opened the van’s sliding door; maps and circled cities suggested interest in antiques.
- Wilmont asked for consent to search; Farnell orally consented and disclosed a gun in the center console, which Wilmont seized.
- Wilmont later photographed the van and began a broader search; a green bag with currency and robbery-related items was found; FBI obtained a warrant based on these facts and an affidavit.
- Farnell moved to suppress, arguing the stop and searches violated the Fourth Amendment; the district court denied the motion and the appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was lawful under reasonable suspicion. | Farnell argues stop lacking particularized suspicion. | Wilmont relied on bulletin-based, objective facts. | Yes; stop supported by reasonable suspicion. |
| Whether Farnell validly consented to the initial search. | Consent was not freely given; coercion or unnoticed search. | Consent was voluntary; behavior indicated consent. | Yes; consent valid for initial search. |
| Whether a second search after photographing the gun was permissible without new consent. | Second search required fresh consent or a warrant. | Automobile exception allowed search with probable cause; second search justified. | Yes; probable cause/automobile exception supported the second search. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (stop is seizure; reasonableness governed by totality of circumstances)
- Lopez v. United States, 564 F.3d 1001 (8th Cir. 2009) (reasonable suspicion standard for traffic stops)
- Sokolow, 490 U.S. 1 (1989) (totality of circumstances in stop analysis; least intrusive precondition)
- Hensley, 469 U.S. 221 (1985) (basis for using a bulletin to justify a stop)
- Smith, 648 F.3d 654 (8th Cir. 2011) (bulletin-based reliance supports stop)
- Kennedy, 427 F.3d 1136 (8th Cir. 2005) (probable cause supports automobile search; automobile exception)
- Gates, 462 U.S. 213 (1983) (probable cause standard for searches)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits on vehicle searches incident to occupant arrest)
- Ross, 456 U.S. 798 (1982) (scope of searches with probable cause in vehicles)
- Carroll v. United States, 267 U.S. 132 (1925) (automobile exception origins)