No. 23-188

Robert Dayon Dumas v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-08-29
Status: Denied
Type: Paid
Response Waived
Tags: credibility fifth-amendment fourth-amendment miranda-rights probable-cause search-and-seizure vehicle-search warrantless-search
Key Terms:
FifthAmendment FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Did the district court err in finding no Fourth or Fifth Amendment violation based upon the court's credibility determination on Deputy Denbo?

Question Presented (OCR Extract)

QUESTIONS PRESENTED On July 11, 2018, Petitioner was charged in federal district court, Tampa, Florida, by Indictment with five counts of Hobbs Act robberies and two counts of use, carry, brandish and discharge of a firearm in furtherance of a crime of violence. The robbery and firearm charges were spawned from a warrantless search of Petitioner vehicle by a Pasco County Sheriff's deputy following a traffic stop for speeding on March 11, 2018. The deputy searched the vehicle because the deputy claimed to have detected an odor of marijuana emanating from the vehicle. The vehicle search was initially premised upon a search for drugs. During the search the deputy saw items of clothing and a gun that the deputy thought might be related to a robbery that occurred in the area in February of 2018. Petitioner’s motion to suppress challenged the initial vehicle search, the arrest for possession of marijuana, the seizing of the very general clothing items and a gun, and all statements made by Petitioner following the stop of his vehicle and warrantless search. The District Court determined Deputy Denbo to be a credible witness in spite of numerous inconsistencies in the evidence and other factors which revealed reasons to question the truthfulness of the deputy. Petitioner’s motion to suppress was denied by the District Court and the Eleventh Circuit Court of Appeals affirmed the District Court’s ruling. The questions presented to this Court are: 1. Did the district court err in finding no Fourth or Fifth Amendment violation based upon the I court’s credibility determination on Deputy Denbo. 2. Did the district court err in finding that Deputy Denbo had probable cause to __ seize items unrelated to the possession of marijuana in violation of the Fourth Amendment. 3. Did the district court err in finding that Petitioner knowingly and voluntarily waived his Miranda rights under the Fifth Amendment. I

Docket Entries

2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-09-08
Waiver of right of respondent United States, United States of America to respond filed.
2023-08-25
Petition for a writ of certiorari filed. (Response due September 28, 2023)
2023-07-28
Application (23A83) granted by Justice Thomas extending the time to file until September 5, 2023.
2023-07-26
Application (23A83) to extend the time to file a petition for a writ of certiorari from August 6, 2023 to October 5, 2023, submitted to Justice Thomas.

Attorneys

Robert Dumas
Richard EscobarEscobar, Michaels & Associates, Petitioner
Richard EscobarEscobar, Michaels & Associates, Petitioner
United States, United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent