United States v. Jeffrey J. Flores

963 F.2d 380 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey J. FLORES, Defendant-Appellant. No. 91-10379. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1992. * Decided May 18, 1992. Before CHOY, FARRIS and RYMER, Circuit Judges. 1 MEMORANDUM ** 1. Cayanan's apparent authority 2 The Fourth Amendment is not violated when a law enforcement officer conducts a warrantless search based on a reasonable belief that the consenting party has authority to consent. See Illinois v. Rodriguez, 110 S.Ct. 2793, 2800-01 (1990). The district court concluded that Taimanglo reasonably believed that Cayanan could properly consent to the search of Flores' clutch bag. The court's conclusion is reviewed for clear error. See United States v. Yarbrough, 852 F.2d 1522, 1533 (9th Cir.), cert. denied, 488 U.S. 866 (1988). 3 The district court's conclusion is supported by the record. Taimanglo searched Cayanan's bedroom…