Tando
United States v. Tando
Opinion
Lead Opinion
MEMORANDUM *
Glenn-Idly Tando (“Tando”) and Rizza Ginelle Sotiangco, (collectively “Appellants”), appeal the district court’s order denying their motion to suppress evidence obtained from a search conducted based on the consent of Tando’s mother (“Mrs.Tan-do”). We review de novo a district court’s decision on a motion to suppress, but we review the district court’s factual findings for clear error. United States v. Jones, 286 F.3d 1146, 1150 (9th Cir.2002). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
DISCUSSION
We conclude that the district court’s factual findings are not clearly erroneous and, based on those findings, (1) Mrs. Tando had authority to consent to the search of Tando’s bedroom; (2) her consent was voluntary for purposes of the Fifth Amendment; and (3) the prior illegal entry into Tando’s room did not taint her subsequent consent for purposes of the Fourth Amendment.
1. Authority to Consent
Based on its factual findings and the testimony regarding Mrs. Tando’s access to Tando’s bedroom, the district court correctly concluded that Mrs. Tando possessed authority to consent to the search. See Illinois v. Rodriguez, 497 U.S. 177, 181 , 110 S.Ct.…