United States v. Randy Dabney, 42 F.4th 984

Nov. 2015: Officer Pugh stopped Dabney after observing driving behavior (high-crime area, broken taillight, slow/weaving and delayed response to lights) that raised suspicion.
Warrant check showed a “Caution 2” indicator (known to be armed) and recent drug arrests; Pugh frisked Dabney with consent, then asked to search the truck (Dabney refused).
Pugh searched the truck anyway, found a hole in the driver’s door where a speaker should be, used a flashlight, and recovered a large bag with a white crystalline substance and smaller baggies; Dabney admitted the drugs.
First suppression motion (challenging the truck search and confession) was denied by the magistrate and district court. The evidence produced Counts 1–2.
Dabney’s second suppression motion (challenging an April 2016 stop that produced Counts 3–5) was filed late; the court denied leave to file it as untimely. Those later counts were dropped in the plea deal.
Dabney pleaded guilty to conspiracy to distribute ≥500 g meth, was sentenced to 360 months (within Guidelines), and appealed the suppression denials and the denial to file the untimely motion; sentencing claims were largely waived.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Lawfulness of vehicle search (Terry/Long)	Search violated Fourth Amendment; no reasonable suspicion he was armed, especially since he was outside the truck	Specific, articulable facts (slow to stop, broken taillight, Caution 2 indicator, drug history) gave reasonable suspicion he was armed and could access weapons	Search lawful under vehicle frisk exception; reasonable suspicion existed (affirmed)
Scope of search (speaker hole & flashlight)	Speaker hole too small for a weapon; once no weapon visible, flashlight/inspection exceeded Terry scope	Court found hole large enough to conceal a weapon; using flashlight to inspect is permissible	No unlawful scope exceedance; search stayed within Terry limits (affirmed)
Leave to file untimely suppression motion (second stop)	New counsel lacked sufficient time—constituted good cause for delay	Appointment/new counsel alone is not good cause; defendant delayed months despite continuances	Denial of leave proper (no good cause); even if error, harmless because those counts were dropped and exclusionary rule doesn’t apply at sentencing
Appeal of sentence despite appellate waiver	Challenges procedural and substantive reasonableness of 360-month sentence	Dabney knowingly waived most appellate rights; review only if miscarriage of justice	Waiver bars review; no miscarriage of justice (within-Guidelines sentence), so claims dismissed

Michigan v. Long, 463 U.S. 1032 (U.S. 1983) (permits limited vehicle interior frisk when officer reasonably suspects occupant is dangerous)
Minnesota v. Dickerson, 508 U.S. 366 (U.S. 1993) (Terry searches must be limited to discovery of weapons)
Kentucky v. King, 563 U.S. 452 (U.S. 2011) (warrants generally required; recognized exceptions)
United States v. Rowland, 341 F.3d 774 (8th Cir. 2003) (vehicle Terry search permissible even after occupants removed)
United States v. Cummins, 920 F.2d 498 (8th Cir. 1990) (officer may use flashlight during lawful stop/search)
United States v. Smith, 820 F.3d 356 (8th Cir. 2016) (standard of review for suppression rulings)
United States v. Trancheff, 633 F.3d 696 (8th Cir. 2011) (new counsel/retention alone is not good cause to excuse waiver)
United States v. Blanks, 985 F.3d 1070 (8th Cir. 2021) (abuse-of-discretion review for denial of leave to file untimely motions)
United States v. Tauil-Hernandez, 88 F.3d 576 (8th Cir. 1996) (exclusionary rule does not apply at sentencing)
United States v. Blue Coat, 340 F.3d 539 (8th Cir. 2003) (appellate-waiver enforcement unless miscarriage of justice)