Jeakins

ORDER

The memorandum disposition filed on December 2, 2004, is withdrawn. Appellant Jack Grant Jeakins’ Petition for panel rehearing and for rehearing en banc is thereby rendered moot. A new memorandum disposition is filed simultaneously with this order.

MEMORANDUM *

The district court did not err by denying defendant’s motion to suppress. Evidence obtained during a consensual warrantless search may be admitted into evidence. Schneckloth v. Bustamante, 412 U.S. 218, 219 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973). Courts consider the totality of the circumstances in determining whether consent was voluntary. United States v. Castillo, 866 F.2d 1071, 1082 (9th Cir. 1988). Jeakins was standing in an open, public parking lot. He was not told that he was under arrest, or that he had to *788 remain at the scene. He was not in police custody, constructively or otherwise, at the time of the consensual search. Jeakins did not object to the search. See United States v. Cannon, 29 F.3d 472, 477 (9th Cir.1994) (“Failure to object to the continuation of a vehicle search after giving general consent to search ‘is properly considered as an indication that the search was within the scope of the…