Unpublished Disposition, 925 F.2d 1472 (9th Cir. 1989)
Annotate this CaseUNITED STATES of America, Plaintiff-Appellee,v.Ruben RODRIGUEZ and Ana Cruz, Defendants-Appellants.
Nos. 89-50261, 89-50263.
United States Court of Appeals, Ninth Circuit.
Submitted Feb. 5, 1991.* Decided Feb. 7, 1991.
Before BEEZER, KOZINSKI and RYMER, Circuit Judges.
MEMORANDUM**
Appellants challenge the district court's findings that Cruz consented to the warrantless search of her residence and then voluntarily signed the written consent form. Appellants rely principally on their own testimony. However, the district court weighed conflicting evidence and decided to believe the officers rather than defendants. Findings of Fact and Conclusions of Law Re: Motions to Suppress Evidence, 10-11, 13-14, 22 (Feb. 13, 1989), Rodriguez's E.R. 105, 114-15, 117-18, 126. It is quintessentially within the prerogative of the district court to chose among conflicting witnesses. We are "not at liberty to disturb the credibility determinations made by the ... district court." United States v. Kerr, 876 F.2d 1440, 1444 (9th Cir. 1989). Since the appellants have failed to show that the search was illegal, there is no basis for suppressing Mr. Rodriguez's subsequent statements.
AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.