Whitehorn

MEMORANDUM *

Eulalie Whitehorn appeals her conviction, following a bench trial, for knowingly possessing 50 grams or more of methamphetamine, with the intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). White-horn argues that the district court erred in denying her motion to suppress evidence seized from a search of her motel room because (1) the police officers exceeded the scope of her initial consent; and (2) her subsequent written consent to a continuation of the search was not voluntary.

*753 On June 20, 2002, three Great Falls Police Department officers knocked on the door of Eulalie Whitehorn’s motel room in the course of investigating a highly publicized series of local art thefts. These thefts, which had taken place in March and April 2002, involved a man and woman using a baby carriage to shoplift bronzes, oil paintings, and watercolor paintings from several art stores. The missing artwork included a four-inch bronze statue. The officers had received an anonymous tip regarding Whitehorn’s connection to Sherry Frasure, who had been arrested in connection with the thefts eight days earlier. They used the “knock-and-talk” procedure because the county attorney…

dissenting.

I respectfully dissent.

This case presents a simple question: Did the district court clearly err in finding that Ms. Whitehorn gave the officers gen *756 eral consent to search for “items related to the Frasure investigation or stolen property” without any limitation on the scope or nature of the search? It is undisputed that Ms. Whitehorn was acquainted with Ms. Frasure and was aware of the publicity surrounding her arrest for possession of stolen artworks. It is also undisputed that oil paintings, water colors, bronzes, miniature figurines, jewelry, glassware, and vases were recovered from Ms. Frasure’s storage units. The district court’s findings are supported by the testimony it found to be credible.

The majority has found that Ms. White-horn’s consent was limited to a search for stolen “bronzes, oil paintings, and water color paintings.” Majority Opinion at 7. I cannot join in the majority’s opinion because it has impermissibly relied upon its own fact-finding to reject the district court’s findings. Its efforts to do so are not supported by the record of the verbal exchange between the officers and Ms. Whitehorn regarding the object of the search. I would…