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United States v. Tumbleson

United States District Court, E.D. Arkansas, Western Division

January 13, 2015

UNITED STATES OF AMERICA, Plaintiff
v.
JARED TUMBLESON

FINDINGS AND RECOMMENDATION

H. DAVID YOUNG, Magistrate Judge.

INSTRUCTIONS

The following findings and recommendation have been sent to United States District Judge Susan Webber Wright. Any party may serve and file written objections to these findings and recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the Office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendation. The copy will be furnished to the opposing party. Failure to file timely objections may result in a waiver of the right to appeal questions of fact.

If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.

From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

Mail your objections and "Statement of Necessity" to:

RECOMMENDATION

Defendant Jared Tumbleson ("Tumbleson") has filed the pending motion to quash search warrant and to suppress evidence seized pursuant to that warrant. See Document 16. For the reasons that follow, the undersigned recommends that the motion be denied.

On July 30, 2010, law enforcement officers stopped a vehicle along an Arkansas highway. See Document 20, Exhibit A at 2. The vehicle was occupied by two individuals, one of whom was Brandon Lovell ("Lovell"). See Id . The officers obtained consent to search the vehicle, and three firearms were found in it. See Id . Because Lovell was wanted on an outstanding warrant, he was arrested. See Id.

Lovell was interviewed that same day by law enforcement officers at the Van Buren County, Arkansas, Detention Center. See Document 20, Exhibit A at 2. During the interview, Lovell signed a handwritten statement prepared for him by Warren Newman ("Newman"), an agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF"). In the statement, Lovell attested to the following:

On 29 [July] 2010, I went to Jerod Tumbleson's residence and removed three pistols he wanted me to hide. I hid them in the woods [and] went back today to get them. I picked them up, placed them in a friend's car, and was pulled over by the police.
I have been using [methamphetamine] since I was [sixteen] years old. I have been to [rehabilitation] that was court ordered and am ...

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