United States v. Smith

MEMORANDUM *

Robert Wayne Smith appeals the district court’s denial of his motion to suppress evidence of possession of child pornography obtained during a search of his personal computer. Federal agents came to Smith’s home and requested his consent to search his computer for evidence related to the exploitation of children. After a dialogue, Smith agreed to the search and signed a written consent form. Thereafter, Smith was convicted of one count of possession of child pornography, in violation of 18 U.S.C. § 2252 (a)(4)(B). Smith argues on appeal that the district court erred in finding that he consented to the search of his computer because the federal agents gained his consent by misrepresenting the nature and scope of the search. *569 He thus argues that his consent to the search was involuntary. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review a denial of a motion to suppress de novo. United States v. Pang, 362 F.3d 1187, 1191 (9th Cir.2004). We review a district court’s factual findings for clear error and may not disturb the district court’s determination that a person’s consent to a search was voluntary unless it was clearly erroneous. United…