United States v. Lumpkins, No. 12-1348 (8th Cir. 2012)
Annotate this CaseDefendant entered a conditional plea of guilty to possession with intent to distribute cocaine base and possession of a firearm in furtherance of a drug trafficking crime. Defendant appealed. The Eighth Circuit Court of Appeals affirmed, holding (1) the district court did not err in denying Defendant's motion to suppress evidence obtained from a warrantless search of a rental vehicle, as consent for the search was validly obtained, and thus, the warrantless search did not violate the Fourth Amendment; (2) the discovery of drugs and a firearm in the vehicle was not a fruit of Defendant's detention, and thus, the Court did not need to decide whether Defendant's initial detention violated the Fourth Amendment; and (3) Defendant waived his right to appeal his sentence.
Court Description: Criminal case - Criminal law and Sentencing. Search of rental car rental was valid as the rental company's agent had authority under the lease to take immediate custody of the car and consent to a search; defendant waived his right to appeal application of career-offender provisions of Guidelines Sec. 4B1.1, and that portion of the appeal is dismissed. [ August 03, 2012
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