United States v. Viento Lynn Childs

Viento Lynn Childs appeals from the denial of her motion to suppress evidence seized without a warrant from a houseboat she and Robert Moore shared as their residence. The district court concluded that Moore’s voluntary consent to the search justified the officers’ failure to obtain a warrant.

Childs seeks reversal on the following grounds:

One. The district court erred as a matter of law in concluding that law enforcement officers are not required to obtain a valid consent from each joint occupant, who is physically present, to justify a war-rantless search.

Two. The district court’s finding that Moore’s consent was voluntary is clearly erroneous.

Three. A consent to search is invalid if it is obtained following an unnecessary delay in taking the arrested person before a magistrate.

Four. A consent to search is invalid if it is obtained after a person has invoked his or her right to the assistance of counsel during custodial investigation.

We affirm because we conclude that (1) a joint occupant’s voluntary consent is sufficient to justify a warrantless search regardless of the physical presence of the other occupant, and (2) the district court did not clearly err in finding…