A-15-0891, State of Nebraska v. Walker P. Thunder (Appellant)
Lancaster County, District Court Judge Andrew Jacobsen
Attorney for Appellant: F. Matt Aerni (Berry Law Firm)
Attorney for Appellee: Douglas J. Peterson and Nathan A. Liss (Attorney General’s Office)
Criminal Action: Possession of a stolen firearm and possession of a firearm by a prohibited person
Action Taken by Trial Court: The trial court overruled Thunder’s motion to suppress evidence. Following a bench trial, the court found Thunder guilty of both offenses and sentenced him to 2 to 4 years for possessing a stolen firearm and 3 to 5 years for being a felon in possession of a firearm, to be served concurrently.
Assignments of Error on Appeal: Thunder argues that the district court erred in (1) finding that the renter of the vehicle’s consent to search extended to Thunder’s luggage, (2) holding that a gun case’s incriminating nature was immediately apparent such that it fell under the plain view exception to the warrant requirement, (3) finding Thunder consented to a search of his luggage by remaining silent when informed that the renter had given consent to search, (4) finding Thunder was not in custody prior to being read his Miranda rights in the patrol car, and (5) failing to suppress the statements Thunder made after he was taken into custody and before he was Mirandized in the patrol car.