Furrow

MEMORANDUM **

This case returns to us from a prior remand for an evidentiary hearing to determine whether the consent to a warrant-less search given by Petitioner’s teenage son — Isaiah—was tainted by a prior illegal search. Because the facts and procedural posture of this case are familiar to the parties, we recount them here only to the extent necessary.

We instructed the district court to determine whether Isaiah was cognizant of the initial illegal search. United States v. Furrow, 229 F.3d 805, 815 (9th Cir.2000), overruled on other grounds, United States v. Johnson, 256 F.3d 895 , 913 n. 4 (9th *452 Cir.2001). If the district court were to find that Isaiah was aware of the first search, it was instructed further to “decide whether the illegal search was sufficiently attenuated from the subsequent consent search to render the consent search untainted.” Id.

The district court conducted an evidentiary hearing on remand, and specifically found that Isaiah had no knowledge of the first illegal search. Having entered this finding, there was no need to decide whether the first search was “sufficiently attenuated” from the second consent search. Petitioner appeals, and we…