United States v. Rodney Pelling

MEMORANDUM

Rodney Pelling was arrested after police found erotica in a motel room he shared with his twelve-year-old daughter, and naked pictures of her on his digital camera. Pelling argues that the district court erred in denying his motion to suppress. We review de novo a district court’s ruling on a motion to suppress. United States v. Bautista, 362 F.3d 584, 589 (9th Cir.2004). Factual findings are reviewed for clear error. United States v. Bynum, 362 F.3d 574, 578 (9th Cir.2004). The record amply supports the district court’s determination that Pelling consented to talk with the deputies, to their search, and then to accompany them to the Sheriffs Office. The district court also concluded that even if the deputies’ initial encounter with Pelling was non-consensual, it was supported by a reasonable suspicion that criminal activity was afoot. See Adams v. Williams, 407 U.S. 143, 146 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972) (articulating the now well-established reasonable suspicion exception to the warrant requirement). We affirm the district court’s denial of Peking's motion to suppress.

Pelling also argues that the district court should have admitted his proposed expert…