United States v. Eddie Graham

MEMORANDUM

Eddie Ray Graham (“Graham”) appeals the district court’s order denying his motion to suppress evidence found during two searches of the bedroom he shared with Gloria Snow (“Snow”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts underlying this appeal, we do not recount them here.

We review de novo a district court’s denial of a motion to suppress. United States v. Ewing, 638 F.3d 1226, 1229 (9th Cir.2011). However, the district court’s underlying factual findings are reviewed for clear error. Id. We also review for clear error a district court’s determination of the voluntariness of a defendant’s consent to a search. United States v. Brown, 563 F.3d 410, 414 (9th Cir.2009). Whether someone is in custody for purposes of determining the voluntariness of consent to a search is a mixed question of law and fact reviewed de novo. United States v. Cormier, 220 F.3d 1103, 1110 (9th Cir.2000). The district court’s underlying factual findings, however, are reviewed for clear error. Id.

Although warrantless searches generally are impermissible under the Fourth and Fourteenth Amendments, one exception to the warrant…