Walton

United States v. Walton

Good Law
252 F. App'x 819
United States Court of Appeals for the Ninth CircuitOctober 30, 2007No. 06-10750California422 words

Opinion

Lead Opinion

MEMORANDUM *

Jeremy Walton appeals the district court’s decision partially denying Walton’s motion to suppress evidence. We review de novo the denial of a motion to suppress. United States v. Bynum, 362 F.3d 574, 578 (9th Cir.2004). We review for clear error the district court’s underlying findings of fact. United States v. Becerra-Garda, 397 F.3d 1167,1172 (9th Cir.2005).

Here, the district court adopted the recommendation of the magistrate judge after the magistrate judge presided over an evidentiary hearing in which he heard testimony from both of the police officers and Walton. The district court did not clearly err in finding the officers more credible than Walton. The officers testified to sub *820 stantially the same facts concerning how and why they approached Walton. Any small discrepancies that may exist in the officers’ testimony are insufficient to undermine the district court’s credibility finding.

When police officers make a general inquiry or a request for identification, the police contact is defined as a “consensual encounter” that does not implicate the Fourth Amendment. Florida v. Bostick, 501 U.S. 429, 434-35 , 111 S.Ct. 2382 , 115 L.Ed.2d 389 (1991). In…

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