United States v. Larry Lee

MEMORANDUM

Larry Lee appeals the district court’s order denying his motion to suppress evidence found in his van and his conviction based upon that evidence. We affirm.

The district court, after considering the totality of the circumstances, found that Lee voluntarily consented to the search of his van. That finding was not clearly erroneous. The record supports the court’s findings that the officers were not threatening throughout the interaction at Lee’s residence, the officers had told Lee he could refuse to consent, and the officers did not threaten to obtain a warrant. See United States v. Cormier, 220 F.3d 1103, 1113 (9th Cir.2000), United States v. Castillo, 866 F.2d 1071, 1082 (9th Cir.1988), and United States v. Alfonso, 759 F.2d 728, 741 (9th Cir.1985).

Additionally, the court did not err by considering Lee’s prior criminal history and his exculpatory statements in its determination that Lee’s consent was voluntary. See Cormier, 220 F.3d at 1113 ; Alfonso, 759 F.2d at 741 . Lee’s statements could be considered notwithstanding the officers’ failure to give him any Miranda warnings. See United States v. Patane, 542 U.S. 630, 641-43 , 124 S.Ct. 2620 , 159 L.Ed.2d 667…