Coloyan

Coloyan v. Badua

Good Law
256 F. App'x 958
United States Court of Appeals for the Ninth CircuitNovember 27, 2007No. 06-15851California430 words

Opinion

Lead Opinion

MEMORANDUM **

Ofelia Coloyan appeals the district court’s judgment, following a jury trial, in favor of police officers William Badua, Jeffrey Omai, and Spencer Anderson (collectively, “Defendants”) in Coloyan’s 42 U.S.C. § 1983 action alleging that her constitutional rights were violated when the officers conducted a search of her residence. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We reject Coloyan’s argument that the district court erred in refusing to give her proposed jury instruction regarding consent. The jury instructions adequately covered the law of consent. See United States v. Crapser, 472 F.3d 1141, 1149 (9th Cir.2007) (reciting the factors to determine whether consent to a search was voluntary); Jones v. Williams, 297 F.3d 930, 937 (9th Cir.2002) (reasoning that the jury instructions adequately covered the relevant law). Thus, the district court did not err when it declined to give Coloyan’s specific instruction.

Coloyan also contends that the district court erred when it granted Defendants’ motion in limine to preclude testimony on a police “code of silence.” The district court found that testimony on a “code of silence” was…

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