U.S. v. Beltran

In prosecution on conspiracy to possess cocaine and heroin, Dist. Ct. did not err in denying defendant’s motion to suppress drugs and cash seized from his home after defendant gave verbal consent to search said home while being handcuffed. At time defendant was handcuffed, police had probable cause to arrest him, where officer had reason to believe that defendant had lied to him about not being in defendant’s home and concealing evidence of crime while officer was waiting for defendant outside defendant’s home. Moreover, Dist. Ct. could properly find that defendant’s consent to search his home was voluntary, even though he was in handcuffs at time consent was given, where: (1) defendant had demonstrated willingness to have officer search home earlier in day; (2) police had honored defendant’s interim request to have police obtain search warrant after defendant had consented to said search on two occasions; and (3) at time he ultimately gave consent that produced discovery of drugs and cash, defendant admitted that he understood necessity that police obtain search warrant in absence of his consent.