United States v. John Marvin Townsend

Townsend appeals from his conviction for possession of heroin with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). He questions the denial of his motion to suppress the heroin, claiming his consent, while in custody, to a search of his hotel room was not freely and voluntarily given. We affirm.

Townsend argues that his consent was coerced because he was not advised of his right to refuse to consent. While he acknowledges that the Supreme Court rejected a similar contention in Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), he asserts that the holding in that case should be limited to its facts (a consent given by one not in custody) and that our earlier cases, which require such an admonition prior to an in-custody consent to search, control. See Schoepflin v. United States, 391 F.2d 390, 399 (9th Cir.), cert. denied 393 U.S. 865 , 89 S.Ct. 146 , 21 L.Ed.2d 133 (1968); cf. Cipres v. United States, 343 F.2d 95, 97-98 (9th Cir. 1965). He also urges us to follow the holding of the Fifth Circuit that where there is evidence of coercion, an in-custody consent to search is valid only if the defendant has been advised of his right…