United States v. Ryan Lumpkins
2012 WL 3155984
8th Cir.2012Background
- Lumpkins pled guilty to drug and gun offenses after a warrantless search of a rental car.
- KC police detained Lumpkins when the tinted-window car drew attention; Lumpkins was handcuffed during the encounter.
- Officers observed marijuana and a marijuana blunt within the car’s center console but could not search due to locked doors and keys inside.
- Budget Rent-a-Car confirmed Hughes owned the vehicle, overdue for return, and demanded its return.
- Budget’s agent Konecny arrived, produced ownership proof, unlocked the car, and consented to a search; narcotics and a handgun were discovered.
- Lumpkins argued the search violated the Fourth Amendment and challenged the use of career-offender enhancements on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search was valid under third-party consent | Lumpkins argues consent from Hughes did not authorize a search. | Lumpkins asserts improper consent or lack of authority undermines search. | Search valid under third-party consent with authority |
| Whether consent from Budget’s agent sufficed given contemporaneous refusals | Randolph-like rule applies to vehicle searches with dissenting occupants | Consent by authorized agent overrides individual refusals | Consent valid despite refusals; no Randolph bar |
| Whether there was any unlawful detention affecting the search | Initial detention/arrest may have been unlawful under Terry | Independent from search; consent taints not required for admissibility | Detention did not taint evidence; evidence admissible |
| Whether the appeal waiver precludes § 4B1.1 challenge | Waiver does not cover appellate challenges to sentencing enhancements | Waiver covers all but ineffective assistance, prosecutorial misconduct, or illegal sentence | Waiver enforceable; cannot reach § 4B1.1 issue |
| Application of the career-offender provisions on sentence | Disputed application of § 4B1.1 increases sentence | Waiver prevents appeal of sentence; no challenge to § 4B1.1 | Waiver enforced; § 4B1.1 not reviewed |
Key Cases Cited
- United States v. Chavez Loya, 528 F.3d 546 (8th Cir. 2008) (vehicle search permitted by third-party consent)
- United States v. Green, 275 F.3d 694 (8th Cir. 2001) (pre-search detention independent of later discovery; consent supports admissibility)
- Georgia v. Randolph, 547 U.S. 103 (S. Ct. 2006) (occupants' refusals affect consent in home searches; unclear applicability to vehicles)
- Rakas v. Illinois, 439 U.S. 128 (S. Ct. 1978) (property interests and standing in Fourth Amendment searches)
- Terry v. Ohio, 392 U.S. 1 (S. Ct. 1968) (scope of stop and reasonable suspicion standard)