United States v. Kubbo
Docket: No. 00-30364; DC No. CR 00-05323 FDB
Court: Court of Appeals for the Ninth Circuit; August 3, 2001; Federal Appellate Court
Alex Kubbo entered a conditional guilty plea for possession of methamphetamine under 21 U.S.C. § 844 and is appealing the district court's decision, which upheld the magistrate judge's denial of his motion to suppress evidence obtained during a search of his vehicle. The appeal falls under the jurisdiction of 28 U.S.C. § 1291, and the court affirms the lower court's ruling. The review of a suppression motion is generally de novo, while a trial court's findings regarding the scope of consent to a search are upheld unless clearly erroneous. Kubbo argues that his actions during the search impliedly limited his initial consent, particularly by removing and folding the carpet in his car, suggesting he was trying to hide something. The court applies an objective standard to assess the reasonableness of the suspect's consent under the Fourth Amendment, considering what a reasonable person would infer from the interaction between Kubbo and the officers. It finds that Kubbo's voluntary consent to the search, his cooperation, and the absence of an explicit objection to the search of the carpet indicated that the search remained within the scope of his consent. Kubbo's gesture of moving the carpet is viewed as ambiguous and ineffective in communicating a withdrawal or limitation of consent, especially given his cooperative demeanor. The court also states that mere reluctance to continue a search is insufficient to imply withdrawal of consent once explicit permission has been granted. Consequently, the denial of Kubbo's motion to suppress evidence is upheld, and his conviction is affirmed. The decision is not to be published or cited in future cases, except as allowed by Ninth Circuit Rule 36-3.