928 F.3d 688
8th Cir.2019Background
- In April 2017 Dunn fell asleep at the wheel, crashed a Buick into parked cars, and the undrivable vehicle was impeding traffic; Minneapolis PD towed and impounded the car and conducted an inventory search that revealed two pistols and drugs.
- In June 2017 officers in an unmarked car pursued Dunn for reckless driving; after he was detained, Officer Moua looked through the driver’s window, saw a baggie appearing to contain crack cocaine, obtained the key, and searched the car, recovering a loaded handgun and narcotics.
- Dunn was indicted on five counts arising from both incidents; he pled guilty to two counts based on the April 12 incident (felon in possession and § 924(c)), reserving suppression objections; government dismissed the June 20 charges under the plea agreement.
- Dunn moved to suppress evidence from both vehicle searches; the magistrate and district court denied suppression, finding the April 12 search a valid inventory search under department policy and the June 20 search supported by plain-view observation of contraband.
- At sentencing the district court imposed 57 months for Count 1 (within the 57–71 Guideline range) and 60 months consecutive on Count 3; Dunn sought a downward variance for a difficult childhood, which the court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of April 12 inventory search | Dunn: officers should have honored his private towing arrangements; impoundment and inventory search unreasonable | Govt: officers followed Minneapolis PD policy permitting towing of vehicle impeding traffic and required inventory search | Held: Inventory search reasonable; officers followed standardized departmental policy, suppression denied |
| Validity of June 20 automobile search | Dunn: Officer Moua lacked legal justification to search the car | Govt: officer observed contraband in plain view through window, giving probable cause to search under automobile exception | Held: Credible testimony that officer saw cocaine in plain view justified warrantless search; suppression denied |
| Credibility of officer testimony about plain view sequence | Dunn: sequencing of items removed suggests cocaine seen last, undermining plain-view claim | Govt: officer testified he saw cocaine first but removed firearm first for safety; corroborated by other officer testimony | Held: District court credibility determination not clearly erroneous and therefore upheld |
| Substantive reasonableness of sentence | Dunn: district court misweighed § 3553(a) factors and should have granted downward variance for childhood hardship | Govt: sentence within Guidelines; court considered factors and reasonably emphasized offense seriousness and criminal history | Held: 57-month within-Guidelines sentence presumptively reasonable; no abuse of discretion in denying variance |
Key Cases Cited
- United States v. Taylor, 636 F.3d 461 (8th Cir.) (inventory-search exception to warrant requirement)
- United States v. Fladten, 230 F.3d 1083 (8th Cir.) (plain-view observation of contraband through window supplies probable cause for automobile search)
- Pennsylvania v. Labron, 518 U.S. 938 (1996) (per curiam) (automobile exception justified by vehicle mobility and reduced expectation of privacy)
- United States v. Marshall, 986 F.2d 1171 (8th Cir.) (inventory searches conducted per standardized procedures are reasonable)
- Gall v. United States, 552 U.S. 38 (2007) (standard of review for substantive reasonableness of sentences)
- Rita v. United States, 551 U.S. 338 (2007) (within-Guidelines sentence is presumptively reasonable)