In a motion to suppress a search of an apartment by federal agents seeking to obtain an arrest warrant for an alleged drug dealer, how have the courts treated consent issues?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rivers, 106 F.3d 410 (9th Cir. 1996):

Rivers argues that even if the agents were justified in entering his apartment to execute the arrest warrant, their subsequent search of the apartment was illegal. The district court did not discuss the consent issue in its oral or written denials of Rivers' motion to suppress. The court stated, however, that it accepted the government's version of the facts. We therefore review for clear error the district court's implied finding that Rivers consented to the search of his apartment. United States v. Perez, 37 F.3d 510, 514 (9th Cir.1994). We must view the evidence regarding consent in the light most favorable to the district judge's decision. United States v. Castillo, 866 F.2d 1071, 1082 (9th Cir.1988).

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