United States v. Patrick Lee Murphy

Murphy was convicted of possession of goods stolen in interstate commerce, a violation of 18 U.S.C. § 659 . The evidence established that large amounts of stolen goods were discovered in a trailer located in a warehouse in Orange, California. The warehouse was under lease to Murphy. Murphy contends that the trial court erred in denying his motion to suppress evidence discovered by officers in their search of the warehouse.

Murphy concedes that his employee, one Tucker, consented to the search of the warehouse but claims that this consent was not voluntary. Applying the “totality of all the circumstances” test of Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), we hold that Tucker’s consent to the search was freely and voluntarily given. Prior cases in which our court has found that consent to search was involuntary have involved circumstances much more coercive than those found to exist in this case. See United States vs. Rothman, 492 F.2d 1260 (9th Cir. 1973); Channel vs. United States, 285 F.2d 217 (9th Cir. 1960).

Alternatively, Murphy argues that Tucker lacked the authority to consent to the search. It is pointed out that Tucker had…