Nam

United States v. Nam

Good Law
1 F. App'x 738
United States Court of Appeals for the Ninth CircuitJanuary 17, 2001No. 00-10106California585 words

Opinion

Lead Opinion

MEMORANDUM

Defendant Kyu Sang Nam appeals from the denial of his motion to suppress. We affirm.

Nam first contends that the pouch filled with cash should be suppressed because Officer Paulino seized it without probable cause. The district court found that Nam consented to the search of his car, during which Paulino found the cash. This finding is not clearly erroneous, as Nam did not present any evidence contradicting Paulino’s testimony that Nam replied, “go ahead, sure,” when Paulino asked permission to search the vehicle for drugs and weapons.

Nam argues that, because he explicitly consented only to a search for drugs and weapons, Paulino was not entitled to seize the pouch of cash. This argument is unpersuasive. “Because [Nam] gave consent to search the [automobile], he had no reasonable expectation of privacy in any of its contents.... ” United States v. Mines, 883 F.2d 801, 804 (9th Cir.1989) (emphasis added). Furthermore, Nam never objected to Paulino’s seizure of the cash or asked Paulino to stop searching. “His failure to do so indicates he consented to the entire search and everything it revealed.” Id. at 804-05 (citing United States v. Rubio, 727 F.2d 786, 797 (9th…

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