CA6: Def had a gun pointed at him during arrest, but it was put away after he was handcuffed; consent found on totality

“The district court did not clearly err in determining that Pavon’s consent to the search of his vehicle was voluntary and without coercion. Officer Josh Walters testified that he twice asked for and received consent from Pavon to search the trunk of the vehicle and the duffel bag. Walters also testified that he informed Pavon of his right to refuse consent. Although Walters testified that he drew his weapon upon approaching Pavon’s vehicle, he indicated that he holstered his weapon after checking Pavon for weapons. And Pavon does not argue that he did not speak English or understand the advisement of his rights. Although it is true that Walters had earlier drawn his firearm, and it is unclear from the record whether Pavon was in handcuffs at the time he gave consent, the record, in the totality of the circumstances, does not support clear error by the district court in crediting Walters’s testimony that the consent to search was voluntarily given and without coercion.” United States v. Pavon, 2017 U.S. App. LEXIS 23778 (6th Cir. Nov. 22, 2017).