United States v. P. W.
Opinion
Lead Opinion
MEMORANDUM **
Jordan P.W. (W.) appeals his adjudication of juvenile delinquency for violation of 18 U.S.C. §§ 1153 (a) and 2241(c). He contends that the district court erred in denying his pretrial motion to suppress a statement. W. argues that his statement made during noncustodial post-polygraph questioning was involuntary because he did not specifically consent to such questioning. We review de novo a district court’s decision whether to suppress evidence, United States v. Chaudhry, 424 F.3d 1051, 1052 (9th Cir.2005), and whether a statement was voluntary, United States v. Haswood, 350 F.3d 1024, 1027 (9th Cir.2003). Factual findings underlying its determination of voluntariness are reviewed for clear error. Id. at 1027 .
W. contends that the consent he and his aunt gave to the polygraph examination did not extend to the post-polygraph questioning. Thus, he claims his post-polygraph statement was involuntary in violation of the Fourth Amendment. We reject W.’s argument that a polygraph examination constitutes a search or seizure subject *151 to the Fourth Amendment and know of no authority supporting it.