Whyte

United States v. Whyte

Good Law
110 F. App'x 798
United States Court of Appeals for the Ninth CircuitSeptember 23, 2004No. 03-30478California373 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Blaine David Whyte appeals his conviction, after a guilty plea, of possessing stolen mail, challenging the district court’s denial of his motion to suppress physical evidence found upon execution of a search warrant. We affirm.

*799 1. The district court did not clearly err in its fact-finding as to Ms. Whyte’s authority to consent to the initial police entry' into the garage. See United States v. Jones, 286 F.3d 1146, 1150 (9th Cir.2002) (stating standard of review). Based on its findings, on de novo review, id., we conclude that there was no error.

Ms. Whyte had common authority over her home, even though she had been moved to a nursing facility a little over a week before she gave consent to the search. Her common authority is established by the following facts, among others: She owned the house, the house was furnished almost entirely with her possessions, someone calling the telephone number listed for her home would reach her by call-forwarding at the nursing home, and her dog remained at the house. See United States v. Yarbrough, 852 F.2d 1522, 1533-34 (9th Cir.1988) (discussing indicia of common authority over property for the purpose of giving…

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