United States v. Salas De La Rosa

MEMORANDUM

The defendant, Raul Salas de la Rosa, was convicted of four offenses for importation and possession of cocaine: conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine; conspiracy to import cocaine; and importation of cocaine. The defendant appeals the district court’s denial of his motion to suppress evidence obtained from his vehicle and his home at the time of his arrest. The defendant contends that there was no probable cause justifying the war-rantless search of his vehicle and that the search of his house, based on his wife’s consent, was improper because the police prevented him from voicing his objection to the search. In addition, the defendant argues for the first time on appeal that his wife’s consent was not voluntary. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We review de novo the district court’s denial of a motion to suppress, but review the district court’s factual findings for clear error. United States v. Diaz, 491 F.3d 1074, 1077 (9th Cir.2007). We may affirm the denial of the motion to suppress on any basis supported by the record. United States v. Choudhry, 461 F.3d 1097, 1100 (9th…