United States v. Duncan Nothstein

MEMORANDUM

Duncan Nothstein appeals from the district court’s denial of his motion to suppress evidence discovered during a search of his vehicle for narcotics. The district court had jurisdiction pursuant to 28 U.S.C. § 1831 , and we have jurisdiction under 28 U.S.C. § 1291 . We affirm.

The scope of Nothstein’s voluntary consent included the search for narcotics. The largely consistent testimonies of the three officers about the conversation between Nothstein and Sergeant Cavazos demonstrate that a reasonable person would have understood Nothstein to have given consent to the search for drugs. See Florida v. Jimeno, 500 U.S. 248, 251 , 111 S.Ct. 1801 , 114 L.Ed.2d 297 (1991). Based on these testimonies, the district court was satisfied that Sergeant Cavazos requested permission to search for narcotics in addition to weapons and other persons, and the court did not clearly err in finding that Nothstein gave his consent.

Once given, the consent was not withdrawn. Nothstein did not once state that he wanted the officers to stop searching his car. His statements expressed merely reluctance concerning the continued search, which did not equate to an unequivocal act or statement of…