Wilkey

United States v. Wilkey

Good Law
50 F. App'x 374
United States Court of Appeals for the Ninth CircuitNovember 7, 2002No. 01-30410; D.C. No. CR-01-00051-BLWCalifornia338 words

Opinion

Lead Opinion

MEMORANDUM *

Cord Wilkey appeals the district court’s denial of his motion to suppress evidence obtained in a search of his home. We affirm. Because the parties are familiar with the facts and procedural history, we will not recount them here.

I

Our review of a district court’s determination that a defendant voluntarily consented to a search is extremely deferential. We will only reverse a district court’s factual finding of consent if the district court committed clear error. United States v. Jones, 286 F.3d 1146, 1150 (9th Cir.2002). The district court did not clearly err in its factual findings concerning the search. It reached its findings following a lengthy suppression hearing. Although the parties presented contradictory testimony on some issues, and one might draw different inferences from the actions of the officers, the record contains a sufficient basis upon which the district court could make its findings. Given the district court’s factual findings, we conclude that the district court did not err as a matter of law in denying the suppression motion.

II

In reviewing whether probable cause to search Wilkey’s home existed, we consider the “totality of the…

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