Bojorquez-Rojo

MEMORANDUM *

In this consolidated appeal, Defendants-Appellants Axel Bojorquez-Rojo and Ariel Vazquez-Vazquez appeal the district court’s denial of their respective motions to suppress evidence séized as the result of a warrantless entry into the house located at 11905 West Blueberry Avenue, in Nam-pa, Idaho. The district court concluded that the law enforcement officers had obtained legally valid consent to conduct a search of the home from a person with authority to provide consent.

We review the district court’s denial of the motions to suppress de novo, and review the district court’s underlying factual findings for clear error. United States v. Bynum, 362 F.3d 574, 578 (9th Cir.2004). Whether a person has actual or apparent authority to consent to a search is a mixed question of law and fact which we review de novo. United States v. Enslin, 327 F.3d 788, 792 (9th Cir.2003). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“A warrantless search of a house is per se unreasonable and absent exigency or consent, warrantless entry into the home is impermissible under the Fourth Amendment.” United States v. Reid, 226 F.3d 1020, 1025 (9th Cir.2000) (quoting United…