United States v. Alfonso Hidalgo, 7 F.3d 1566 (11th Cir. 1993). · Go Syfert
United States v. Alfonso Hidalgo, 7 F.3d 1566 (11th Cir. 1993). Cases Citing This Book View Copy Cite
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discussed Cited as authority (rule) Frank Antonio Cameron v. Secretary, Florida Department of Corrections
M.D. Fla. · 2026 · confidence medium
This court has previously noted that consent to search is not a self- incriminating statement.”) (citing United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir. 1993)); see also Everett v. State, 893 So. 2d 1278 , 1287–88 (Fla. 2004).
discussed Cited as authority (rule) Christopher James Russell v. State of Alabama (Appeal from Madison Circuit Court: CC-11-4443.62)
Ala. Crim. App. · 2025 · confidence medium
After "[a] brief examination" of the phone, it was returned to Russell, and Russell "again advised he would meet with [police] soon to discuss the incident." (C. 22.) The United States Court of Appeals for the Eleventh Circuit has held "that a consent to search situation is not a critical stage of the proceedings against an accused." United States v. Hildago, 7 F.3d 1566, 1570 (11th Cir. 1993).
discussed Cited as authority (rule) United States v. Azari Gonzalez
11th Cir. · 2025 · confidence medium
“The Sixth Amendment guarantees a defendant a right to counsel in all criminal prosecutions, as a means of protecting his right to a fair trial.” United States v. Hidalgo, 7 F.3d 1566, 1569 (11th Cir. 1993).
discussed Cited as authority (rule) Deronville, Tyrell v. Warden of Florida State Prison
S.D. Fla. · 2024 · signal: cf. · confidence medium
Cf. United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir. 1993) (holding that suspect was not coerced into consenting to a search even after “SWAT team members . . . broke into his home in the early morning, woke him, and forced him to the ground at gunpoint” (alteration added)).
discussed Cited as authority (rule) United States v. Guillermo Gonzalez-Zea
11th Cir. · 2021 · confidence medium
United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir. 1993). 17 USCA11 Case: 19-11131 Date Filed: 04/30/2021 Page: 18 of 22 “the consent was . . . freely and voluntarily given.” Id. at 222 (quoting Bumper v. North Carolina, 391 U.S. 543, 548 (1968)).
cited Cited as authority (rule) United States v. Michael Roy Fraser
11th Cir. · 2019 · confidence medium
See United States v. Woods, 684 F.3d 1045 , 1056 n.8 (11th Cir. 2012); United States v. Hidalgo 7 F.3d 1566, 1569 (11th Cir. 1993).
discussed Cited as authority (rule) Nathan Clouser v. Todd Johnson
3rd Cir. · 2017 · confidence medium
The Second Circuit emphasized that “no confrontation occurred, as in the case of a lineup, which would result in adverse consequences difficult to remedy at trial,” and that “no evidence was generated, as in the case of incriminating testimony, that was not already in existence and virtually certain to be available to the government in due course[.]” Id. at 39-40 ; Citing Yu-Leung, the Eleventh Circuit reached the same conclusion in United States v. Hidalgo, 7 F.3d 1566, 1570 (11th Cir. 1993).
discussed Cited as authority (rule) State of Minnesota v. Erik John Heinonen (2×) also: Cited "see"
Minn. Ct. App. · 2017 · confidence medium
We note that a number of federal circuit courts have come to the same conclusion regarding requests for consent to search in contexts other than searches of the defendant for DNA. 2 See United States v. Knope, 655 F.3d 647, 654 (7th Cir. 2011) (rejecting defendant’s argument that consent to search residence was invalid because he signed consent after invoking right to counsel because “a consent to search is not an interrogation within the meaning of Miranda” (quotation omitted)); United States v. Rodriguez-Gareia, 983 F.2d 1563, 1568 (10th Cir. 1993) (concluding that consent to search tw…
discussed Cited as authority (rule) United States v. Bhatt
N.D. Ga. · 2016 · confidence medium
Schneck- loth, 412 U.S. at 226 , 93 S.Ct. 2041 (“In all of these cases, the Court determined the factual circumstances surrounding the confession, assessed the psychological impact on the accused, and evaluated the legal significance of how the accused reacted.”) And the “government bears the burden of proving.. .that the consent was not a function of acquiescence to a claim of lawful authority but rather was given freely and voluntarily.” United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993) (quoting United States v. Blake, 888 F.2d 795, 798 (11th Cir.1989)).
discussed Cited as authority (rule) State Of Washington v. Matthew Christopher Cherry (2×)
Wash. Ct. App. · 2015 · confidence medium
In United States v. Hidalgo, the court held that consent to search requested and obtained after defendant invoked his right to remain silent did not violate his Fifth Amendment rights because the Fifth Amendment protects only against compelling incriminating evidence of a testimonial nature and not against the *470 compelled production of physical evidence. 7 F.3d 1566, 1568 (11th Cir. 1993).
examined Cited as authority (rule) Elvan Moore v. Kevin Pederson (6×) also: Cited "see"
11th Cir. · 2015 · confidence medium
See Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319, 1324 , 75 L.Ed.2d 229 (1983) (“[T]he burden of proving that ... consent was obtained and that it was freely and voluntarily given ... is not satisfied by showing a mere submission to a claim of lawful authority.”); United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993) (“The government bears the burden of proving both the existence of consent and that the consent was not a function of acquiescence to- a claim of lawful authority but rather was given freely and voluntarily.” (quotation omitted)).
discussed Cited as authority (rule) United States v. Chaidez-Reyes (2×)
N.D. Ga. · 2014 · confidence medium
Further, “ ‘[t]he government bears the burden of proving ... that the consent was not a function of acquiescence to a claim of lawful authority but rather was given freely and voluntarily.’ ” United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993) (quoting United States v. Blake, 888 F.2d 795, 798 (11th Cir.1989)).
discussed Cited as authority (rule) United States v. Hutchins
C.A.A.F. · 2013 · confidence medium
There is no possible violation of fifth amendment rights since the consent to search is not ‘evidence of a testimonial or communicative nature.’”); Smith v. Wainwright, 581 F.2d 1149, 1152 (5th Cir. 1978) (“[C]onsent to search is not a self- incriminating statement; ‘[i]t is not in itself evidence of a testimonial or communicative nature.’”) (second set of brackets in original) (citation omitted); United States v. Glenna, 878 F.2d 967, 971 (7th Cir. 1989) (“[A]lthough the district court believed that the officers’ request for consent to retrieve the registration papers was �…
discussed Cited as authority (rule) United States v. Hutchins (2×)
C.A.A.F. · 2013 · confidence medium
There is no possible violation of fifth amendment rights since the consent to search is not ‘evidence of a testimonial or communicative nature.’”); Smith v. Wainwright, 581 F.2d 1149, 1152 (5th Cir. 1978) (“[C]onsent to search is not a self- incriminating statement; ‘[i]t is not in itself evidence of a testimonial or communicative nature.’”) (second set of brackets in original) (citation omitted); United States v. Glenna, 878 F.2d 967, 971 (7th Cir. 1989) (“[A]lthough the district court believed that the officers’ request for consent to retrieve the registration papers was �…
discussed Cited as authority (rule) United States v. Bushay
N.D. Ga. · 2012 · confidence medium
Further, “ ‘[t]he government bears the burden of proving ... that the consent was not a function of acquiescence to a claim of lawful authority but rather was given freely and voluntarily.’ ” United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993) (quoting United States v. Blake, 888 F.2d 795, 798 (11th Cir.1989)).
discussed Cited as authority (rule) United States v. Acosta
N.D. Ga. · 2011 · confidence medium
Though certainly unpleasant, there is nothing so inherently coercive about such tactics, commonly used where a danger to life or limb is perceived by law enforcement agents, to render subsequent cooperation involuntary.”); United States v. Hidalgo, 7 F.3d 1566, 1570-71 (11th Cir.1993) (facts that the defendant was arrested by “SWAT team members who broke into his home in the early morning, woke him, and forced him to the ground at gunpoint” did not establish consent to search was involuntary, even though consent was given after invocation of Miranda rights); United States v. Garcia, 890 …
discussed Cited as authority (rule) United States v. Deshawn Gopie
11th Cir. · 2009 · confidence medium
“The government bears the burden of proving ... that the consent was not a function of acquiescence to a claim of lawful authority but rather was given freely and voluntarily.” United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993).
discussed Cited as authority (rule) State v. Schultz
Kan. · 2009 · confidence medium
See United States v. Shlater, 85 F.3d 1251, 1256 (7th Cir. 1996) (consent to search home not interrogation under Miranda, even though defendant’s consent provided after request for attorney pursuant to Fifth Amendment); United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir. 1993) (Fifih Amendment does not apply even though defendant consented to search after receiving Miranda warnings); United States v. Smith, 3 F.3d 1088, 1098 (7th Cir. 1993) (incriminating evidence discovered during unwarned custodial investigation may be introduced into evidence, as defendant voluntarily consented to sear…
discussed Cited as authority (rule) Garcia v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
See, e.g., United States v. Shlater, 85 F.3d 1251, 1256 (7th Cir.1996) (holding that a "consent to search is not an interrogation within the meaning of Miranda "); United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir.1993) (holding that consent to search obtained after defendant invoked right to remain silent is not a self-incriminating statement because it is neither testimonial nor communicative); United States v. Smith, 3 F.3d 1088, 1098 (7th Cir. 1993) ("We have held that a consent to search is not a self-incriminating statement and, therefore, a request to search does not amount to inter…
cited Cited as authority (rule) United States v. Viezca
M.D. Ala. · 2008 · confidence medium
United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir.1993). 5 .
discussed Cited as authority (rule) United States v. Zaleski
D. Conn. · 2008 · confidence medium
See, e.g., United States v. Ceballos, 812 F.2d 42, 51 (2d Cir.1987) (holding that defendant voluntarily consented despite having been taken in handcuffs to a Secret Service field office and questioned for “a couple of hours”); United States v. Arango-Correa, 851 F.2d 54, 57 (2d Cir.1988) (holding that consent to search was voluntary even though defendant had been held in custody for five hours, strip-searched and interrogated); United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993) (holding that consent was voluntary where the defendant was “arrested by SWAT team members who broke i…
discussed Cited as authority (rule) United States v. Johnny L. Holmes
11th Cir. · 2008 · confidence medium
“The government bears the burden of proving ... that the consent was not a function of acquiescence to a claim of lawful authority but rather was given freely and voluntarily.” United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993).
discussed Cited as authority (rule) United States v. Reginald Java Brown (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
See, e.g., Garcia, 890 F.2d at 362 (finding consent was voluntary even though fourteen law enforcement agents were present when the defendant was arrested and the defendant was handcuffed at the time he gave consent); United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993) (concluding consent was voluntary even though the defendant had been “arrested by SWAT team members who broke into his home in the early morning, woke him, and forced him to the ground at gunpoint”); United States v. Espinosa-Orlando, 704 F.2d 507, 510, 513 (11th Cir.1983) (concluding consent was voluntary after four…
discussed Cited as authority (rule) United States v. Curls
10th Cir. · 2007 · confidence medium
See United States v. Guiterrez, 92 F.3d 468, 471 (7th Cir.1996) (stating that “while we understand that the circumstances at the truck yard — law enforcement officers brandishing weapons, handcuffing [the defendant], and ordering him up against a wall — were unpleasant, there is nothing so inherently coercive about such tactics ... to render subsequent cooperation involuntary”) (internal quotation marks omitted); United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir. 1993) (concluding that consent was voluntarily given even though the defendant had been “arrested by SWAT team members…
discussed Cited as authority (rule) United States v. Curls
10th Cir. · 2007 · confidence medium
See United States v. G uiterrez, 92 F.3d 468, 471 (7th Cir. 1996) (stating that “while we understand that the circumstances at the truck yard–law enforcement officers brandishing weapons, handcuffing [the defendant], and ordering him up against a wall–were unpleasant, there is nothing so inherently coercive about such tactics . . . to render subsequent cooperation involuntary”) (internal quotation marks omitted); United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir. 1993) (concluding that consent was voluntarily given even though the defendant had been “arrested by SW AT team member…
discussed Cited as authority (rule) United States v. Gilkeson
N.D.N.Y. · 2006 · confidence medium
LEXIS 106 at *4 (4th Cir.2000) (individual was investigated for embezzlement and the consent to search was given to search his banks records); Smith v. Wainwright, 581 F.2d 1149, 1152 (5th Cir.1978) (individual arrested at the scene of a traffic accident and the consent to a search pertained to the truck driven during the accident); United States v. Cooney, 26 Fed.Appx. 513, 523 (6th Cir.2002) (individual arrested at her house consented to search of the house); United States v. Glenna, 878 F.2d 967, 969 (7th Cir.1989) (consent to search given to search a van during a traffic stop which resulte…
discussed Cited as authority (rule) Everett v. State
Fla. · 2004 · confidence medium
See, e.g., United States v. Shlater, 85 F.3d 1251, 1256 (7th Cir.1996) (holding that a "consent to search is not an interrogation within the meaning of Miranda "); United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir.1993) (holding that consent to search obtained after defendant invoked right to remain silent is not a self-incriminating statement because it is neither testimonial nor communicative); United States v. Smith, 3 F.3d 1088, 1098 (7th Cir.1993) ("We have held that a consent to search is *1287 not a self-incriminating statement and, therefore, a request to search does not amount to …
cited Cited as authority (rule) Marsack v. Howes
E.D. Mich. · 2004 · confidence medium
United States v. Hidalgo, 7 F.3d 1566, 1570 (C.A.11, 1993).
discussed Cited as authority (rule) John Wayne Lumley v. City of Dade City Florida, Michael Wilkes, Linda Leggett Register, Ray White
11th Cir. · 2003 · confidence medium
This essentially turns on whether "counsel's absence might derogate from the accused’s right to a fair trial.” United States v. Hidalgo, 7 F.3d 1566, 1569 (11th Cir.1993) (quoting United States v. Wade, 388 U.S. 218, 226 , 87 S.Ct. 1926, 1932 , 18 L.Ed.2d 1149 (1967)).
discussed Cited as authority (rule) United States v. Cooney (2×) also: Cited "see"
6th Cir. · 2002 · confidence medium
See United States v. Lewis, 921 F.2d 1294, 1303 (D.C.Cir.1990); United States v. Faruolo, 506 F.2d 490, 495 (2d Cir.1974); Smith v. Wainwright, 581 F.2d 1149, 1152 (5th Cir.1978); United States v. Glenna, 878 F.2d 967, 971 (7th Cir.1989); Cody v. Solem, 755 F.2d 1323, 1330 (8th Cir.1985); United States v. Lemon, 550 F.2d 467, 472 (9th Cir.1977); United States v. Rodriguez-Garcia, 983 F.2d 1563, 1568 (10th Cir.1993); United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir.1993).
cited Cited as authority (rule) Hudson v. Hall
11th Cir. · 2000 · confidence medium
United States v. Hidalgo, 7 F.3d 1566, 1570 (11th Cir.1993).
cited Cited as authority (rule) Hudson v. Hall
11th Cir. · 2000 · confidence medium
United States v. Hidalgo, 7 F.3d 1566, 1570 (11th Cir.1993).
cited Cited as authority (rule) Hudson v. Hall
11th Cir. · 2000 · confidence medium
United States v. Hidalgo, 7 F.3d 1566, 1570 (11th Cir. 1993).
discussed Cited as authority (rule) State v. Mata
Tex. App. · 2000 · signal: cf. · confidence medium
See Ash, 413 U.S. at 315-16 , 93 S.Ct. 2568 ; Wade, 388 U.S. at 226-28 , 87 S.Ct. 1926 ; Green, 872 S.W.2d at 720 ; cf. United States v. Hidalgo, 7 F.3d 1566, 1570 (11th Cir.1993); Kon Yu-Leung, 910 F.2d at 39-40 ; United States v. Shlater, 873 F.Supp. 162, 167 (N.D.Ind.1994).
cited Cited as authority (rule) United States v. Johnson
M.D. Ga. · 1999 · confidence medium
United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993).
discussed Cited as authority (rule) Jones v. State
Tex. App. · 1999 · confidence medium
See United States v. McCurdy, 40 F.3d 1111, 1118 (10th Cir.1994); United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir.1993); United States v. Cherry, 794 F.2d 201, 204 (5th Cir.1986); Cody v. Solem, 755 F.2d 1323, 1330 (8th Cir.1985); United States v. Lemon, 550 F.2d 467, 472 (9th Cir.1977).
cited Cited as authority (rule) People v. Marsack
Mich. Ct. App. · 1998 · confidence medium
United States v Hidalgo, 7 F3d 1566, 1570 (CA 11, 1993).
discussed Cited as authority (rule) United States v. Augustin Gonzalez (2×) also: Cited "see, e.g."
11th Cir. · 1996 · confidence medium
Further, “‘[t]he government bears the burden of proving ... that the consent was not a function of acquiescence to a claim of lawful authority but rather was given freely and voluntarily.’” United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993) (quoting United States v. Blake, 888 F.2d 795, 798 (11th Cir.1989)); see also Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319, 1323 , 75 L.Ed.2d 229 (1983).
discussed Cited as authority (rule) United States v. Salgado
W.D.N.Y. · 1996 · confidence medium
See, e.g., Smith, supra, 3 F.3d at 1098 ; United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir.1993); Cody v. Solem, 755 F.2d 1323, 1330 (8th Cir.), cert. denied, 474 U.S. 833 , 106 S.Ct. 104 , 88 L.Ed.2d 84 (1985); Smith v. Wainwright, 581 F.2d 1149, 1152 (5th Cir.1978); United States v. Lemon, 550 F.2d 467, 472 (9th Cir.1977).
discussed Cited as authority (rule) United States v. Robert Orozco Gonzalez, United States of America v. Clifford Douglas Dowe
4th Cir. · 1995 · confidence medium
The Fifth Amendment, however, "protects only against compelled incriminating 'evidence of a testimonial or communicative nature' and not against compelled production of physical evidence." United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir.1993) (quoting Schmerber v. California, 384 U.S. 757, 761 (1966)).
discussed Cited as authority (rule) United States v. Shlater (2×) also: Cited "see"
N.D. Ind. · 1994 · confidence medium
United States v. Hidalgo, 7 F.3d 1566, 1570 (11th Cir.1993) United States v. Kon Yu-Leung, 910 F.2d 33, 38 (2d Cir.1990).
discussed Cited "see" STATE OF NEW JERSEY VS. CARLO TACCETTA (15-10-0150, MORRIS COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2021 · signal: see · confidence high
See United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir. 1993) (concluding that defendant's consent to search was valid even though it was obtained after law enforcement officers read defendant his Miranda rights and defendant had invoked his right to remain silent.
cited Cited "see" Stanley Joseph Thompson v. United States
11th Cir. · 2020 · signal: see · confidence high
See United States v. Hidalgo, 7 F.3d 1566, 1568 (11th Cir. 1993).
cited Cited "see" United States v. Zuleyka Jeanette Colon-Rivera
11th Cir. · 2018 · signal: see · confidence high
See United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir. 1993).
cited Cited "see" Earl E. Reeder v. Harry Oakley
11th Cir. · 2014 · signal: see · confidence high
See United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993) (“[C]onsent [is] not a function of acquiescence to a claim of lawful authority but rather [must be] given freely and voluntarily.”).
cited Cited "see" United States v. Hernandez-Penaloza
M.D. Fla. · 2012 · signal: see · confidence high
See United States v. Hidalgo, 7 F.3d 1566, 1571 (11th Cir.1993); United States v. Freyre-Lazaro, 3 F.3d 1496, 1501 (11th Cir.1993).
discussed Cited "see" United States v. Morgan Chase Woods (2×)
11th Cir. · 2012 · signal: see · confidence high
See United States v. Hidalgo, 7 F.3d 1566, 1569 (11th Cir.1993) (explaining that the Sixth Amendment right to counsel attaches only after adversarial judicial proceedings are initiated against a defendant). 7 . "[W]here there is no factual dispute as to whether Miranda warnings were given, what questions were asked and what answers given, we review the district court’s denial of the motion to suppress de novo." United States v. Kerr, 120 F.3d 239, 241 (11th Cir.1997). 8 .
discussed Cited "see" United States v. Morgan Chase Woods (2×)
11th Cir. · 2012 · signal: see · confidence high
See United States v. Hidalgo, 7 F.3d 1566, 1569 (11th Cir. 1993) (explaining that the Sixth Amendment right to counsel attaches only after adversarial judicial proceedings are initiated against a defendant). 13 agents promptly informed Woods of his rights before both interviews; (3) Woods’s rights were explained to him orally and in writing; (4) Woods testified that he understood those rights as they were explained to him; (5) Woods conceded that the agents made no promises to him; (6) Woods cooperated with agents throughout their investigation; and (7) the May 12, 2009 interview lasted only…
discussed Cited "see" United States v. Rodriguez-Alejandro
N.D. Ga. · 2009 · signal: see · confidence high
See United States v. Hidalgo, 7 F.3d 1566, 1567, 1571 (11th Cir.1993); Garcia, 890 F.2d at 361 (holding consent voluntary despite officers’ refusal to accept suspect’s conditional consent to search and threats to obtain a search warrant if suspect did not consent to a full search); United States v. Long, 866 F.2d 402, 404 (11th Cir.1989) (holding consent voluntary where officers asked for consent to search, stating that, if refused, they would “dig the place up”); United States v. Espinosa-Orlando, 704 F.2d 507, 513 (11th Cir.1983) (holding consent voluntary despite fact that individua…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Alfonso HIDALGO, Defendant-Appellant
93-8009.
Court of Appeals for the Eleventh Circuit.
Nov 29, 1993.
7 F.3d 1566
1993 U.S. App. LEXIS 30960
1993 WL 463477
Donald Samuel, Garland & Samuel, P.C., Atlanta, GA, for defendant-appellant., Jams Gordon, Asst. U.S. Atty., Atlanta, GA, for plaintiff-appellee.
Tjoflat, Edmondson, Carnes.
Cited by 67 opinions  |  Published
CARNES, Circuit Judge:

Alfonso Hidalgo pled guilty to seven counts of a twenty-six count indictment charging him with distribution of cocaine and related offenses. Pursuant to Fed.R.Crim.P. 11(a)(2), he reserved his right to appeal from the district court’s denial of his motion to suppress evidence seized by police officers during a consent search of his residence in Duluth, Georgia. This is that appeal. [1]

Hidalgo contends: 1) that introduction of evidence from a search based on consent obtained after invocation of the right to remain silent violates the Fifth Amendment privilege against self-incrimination; 2) that introduction of evidence from a search based upon consent obtained after indictment and without the advice of counsel violates the Sixth Amendment right to counsel; 3) that the search conducted in this case exceeded the scope of his consent; and 4) that his consent to search was the product of undue coercion. For reasons that follow, we reject each of Hidalgo’s contentions and affirm his conviction.

I. BACKGROUND

At 6:30 a.m. on November 13, 1991, officers of the Gwinnett County Police Department arrested Hidalgo at his residence in Duluth, Georgia. With Hidalgo’s consent, the officers searched the premises and seized numerous files containing canceled checks, bank records, disbursement and expenditure records, tax records, and other documents. Hidalgo moved to suppress the evidence seized in the search, and a federal magistrate judge held a hearing on that motion. At the hearing, Mike Jenkins and Manuel Perez, narcotics investigators employed by Gwinnett County, testified about the events surrounding Hidalgo’s arrest and his consent to the search. Hidalgo and his wife testified about the same events. The testimony established that a SWAT team made the initial entry to Hidalgo’s residence, woke the Hidalgos, and held them on the floor at gunpoint until Jenkins and Perez arrived moments later. Jenkins introduced himself and Perez to Hi-dalgo, advised Hidalgo that he was under arrest, and determined that Hidalgo’s Miranda rights should be recited to him in Spanish. Accordingly, Perez, who spoke Spanish, read Hidalgo his Miranda rights in Spanish and asked Hidalgo if he understood his rights. Perez testified that Hidalgo responded affirmatively. He further testified: “[Ajfter I read him the Miranda warning I asked him if he had any weapons or drugs in the house. He stated to me no. Then I asked him if he wanted to talk to me. He declined so I didn’t ask him any more questions.”

Shortly thereafter, Jenkins and Perez presented Hidalgo with a consent to search form written in English. According to Jenkins and Perez, Perez told Hidalgo in Spanish that the officers were requesting his consent to search the premises and asked him to fill in his name at the top of the form. After Hidalgo had supplied his name, Jenkins filled in the blanks, so that it authorized the officers to conduct a complete search of the residence, the curtilage, two automobiles, and all outbuildings. It also authorized the officers to remove from the premises “any articles, items, letters, or papers to be used in the investigation of a drug violation.” Rather than reading the consent to search form to Hidalgo, Perez explained it to him in Spanish. According to Perez, he also explained to Hidalgo that he had a constitutional right to refuse consent, and, Hidalgo indicated that he understood his rights, stated that he had nothing to hide, and signed the form. Although Hidalgo admitted at the suppression hearing that he had signed the consent to[*1568] search form, he testified that the form was blank when he signed it. He further testified that Perez did not explain to him which buildings, other than the house, the officers would search or which documents the officers would be authorized to seize.

On May 7, 1992, the magistrate judge issued a report and recommendation crediting the Government witnesses’ testimony and recommending that Hidalgo’s motion to suppress be denied. The district court adopted the magistrate judge’s report and recommendation and denied Hidalgo’s motion to suppress.

II. DISCUSSION

A. THE FIFTH AMENDMENT ISSUE

Because the consent to search was requested and obtained after Hidalgo had invoked his right to remain silent, he argues that his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and the Fifth Amendment privilege against self-incrimination were violated by use of the consent and by introduction of the evidence obtained as a result of the ensuing search. Miranda and its progeny are designed to ensure that an individual being subjected to a custodial interrogation is accorded his Fifth Amendment privilege against compulsory self-incrimination. 384 U.S. at 444, 86 S.Ct. at 1612. It requires, among other things, that interrogation cease once the individual “indicates in any manner that he does not wish to be interrogated,” and it prohibits the use of any incriminating statement obtained in violation of that requirement. Id. at 444-45, 86 S.Ct. at 1612; accord Michigan v. Mosley, 423 U.S. 96, 103-04, 96 S.Ct. 321, 326, 46 L.Ed.2d 313 (1975); Christopher v. Florida, 824 F.2d 836, 839-40 (11th Cir.1987).

The problem with Hidalgo’s argument is that no incriminating statement obtained after he invoked his right to remain silent was introduced into evidence. The consent, which was obtained after Hidalgo asserted his Fifth Amendment rights, was used to justify the search and the introduction of physical evidence. But the Supreme Court has held that the Fifth Amendment protects only against compelled incriminating “evidence of a testimonial or communicative nature,” and not against compelled production of physical evidence. Schmerber v. California, 384 U.S. 757, 761, 86 S.Ct. 1826,1 830, 16 L.Ed.2d 908 (1966).

An essential premise of Hidalgo’s Fifth Amendment' argument is the proposition that a consent to search is an incriminating statement. Our decision in Smith v. Wainwright, 581 F.2d 1149, 1152 (5th Cir.1978), forecloses that proposition and Hidalgo’s argument. In that case, police interrogation had continued after the defendant had asserted his Miranda rights. The continued inteiTOgation produced no incriminating statements but did lead to a consent to search, and the resulting physical evidence was admitted at trial. In affirming the denial of habeas relief and holding that there was no violation of the Fifth Amendment, we explained that: “A consent to search is not a self-incriminating statement; ‘[i]t is not in itself evidence of a testimonial or communicative nature.’ ” Id. (quoting United States v. Lemon, 550 F.2d 467, 472 (9th Cir.1977)). We are not alone in our position on this issue. As the Tenth Circuit' has recently observed, “[ejvery federal circuit court which has addressed the Miranda issue presented here has reached the conclusion that a consent to search is not an incriminating state ment.” United States v. Rodriguez-Garcia, 983 F.2d 1563, 1568 (10th Cir.1993) (citing United States v. Lewis, 921 F.2d 1294, 1303 (D.C.Cir.1990); United States v. Glenna, 878 F.2d 967, 971 (7th Cir.1989); Cody v. Solem, 755 F.2d 1323, 1330 (8th Cir.), cert. denied, 474 U.S. 833, 106 S.Ct. 104, 88 L.Ed.2d 84 (1985); Lemon, 550 F.2d at 472); see also United States v. Faruolo, 506 F.2d 490, 495 (2d Cir.1974). We reject Hidalgo’s contrary contention on this issue.

B. THE SIXTH AMENDMENT ISSUE

Hidalgo next argues that, because he was indicted before his arrest and his consent to the search, his Sixth Amendment right to counsel had attached, and use of his consent obtained without the advice of eoun-[*1569] sel violated the Sixth Amendment. [2] The Sixth Amendment guarantees a defendant a right to counsel in all criminal prosecutions, as a means of protecting his right to a fair trial. The right to counsel attaches once adversary judicial proceedings have been initiated against the defendant. See, e.g., United States v. Gouveia, 467 U.S. 180, 187-88, 104 S.Ct. 2292, 2297, 81 L.Ed.2d 146 (1984). An adversary judicial proceeding can be initiated “by way of formal charge, preliminary hearing, indictment, information, or arraignment.” Id. at 188, 104 S.Ct. at 2297 (quoting Kirby v. Illinois, 406 U.S. 682, 689, 92 S.Ct. 1877, 1882, 32 L.Ed.2d 411 (1972) (plurality opinion)). After a defendant’s Sixth Amendment right to counsel attaches, he has a right to the advice of counsel “at any stage of the prosecution, formal or informal, in court or out, where counsel’s absence might derogate from the accused’s right to a fair trial.” United States v. Wade, 388 U.S. 218, 226, 87 S.Ct. 1926, 1932, 18 L.Ed.2d 1149 (1967). The Supreme Court has referred to such a stage as a “critical stage” of a criminal proceeding. Michigan v. Jackson, 475 U.S. 625, 632 n. 5, 106 S.Ct. 1404, 1409 n. 5, 89 L.Ed.2d 631 (1986); see also Maine v. Moulton, 474 U.S. 159, 170, 106 S.Ct. 477, 484, 88 L.Ed.2d 481 (1985). Because Hidalgo had been indicted when he consented to the search of his Duluth residence, his Sixth Amendment right to counsel had attached, and he was entitled to advice of counsel at any critical stage of the post-indictment proceedings. Thus, we must determine whether a request for a consent to search is a critical stage of a criminal proceeding.

The Second Circuit addressed this issue in United States v. Kon Yu-Leung, 910 F.2d 33, 38 (2d Cir.1990), and held that a request for a consent to search is not a critical stage of a criminal proceeding to which the right to counsel applies. In its analysis, the Second Circuit reviewed cases in which the Supreme Court had considered the right to counsel in post-indictment situations analogous to a consent to search, principally, United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967), and United States v. Ash, 413 U.S. 300, 93 S.Ct. 2568, 37 L.Ed.2d 619 (1973). In Wade, the Supreme Court summarized the concerns governing the right to counsel:

In sum, the principle of Powell v. Alabama [287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158 (1932) ] and succeeding cases requires that we scrutinize any pretrial confrontation of the accused to determine whether the presence of his counsel is necessary to preserve the defendant’s basic right to a fair trial as affected by his right meaningfully to cross-examine the witnesses against him and to have effective assistance of counsel at the trial itself. It calls upon us to analyze whether potential substantial prejudice to defendant’s rights inheres in the particular confrontation and the ability of counsel to help avoid that prejudice.

388 U.S. at 227, 87 S.Ct. at 1932. Simply stated, the Court’s critical stage analysis is “designed to protect the fairness of the trial itself.” Schneckloth v. Bustamonte, 412 U.S. 218, 239, 93 S.Ct. 2041, 2054, 36 L.Ed.2d 854 (1973); Ash, 413 U.S. at 322, 93 S.Ct. at 2580.

In Wade, the Court held that a defendant was entitled to advice of counsel at a post-indictment lineup, because a lineup was a trial-like confrontation between the accused and the witnesses to a crime and held a grave potential for substantial prejudice to the accused. 388 U.S. at 228-37, 87 S.Ct. at 1933-37. The Court reasoned that the assistance of counsel at the lineup preserved the adversary process by compensating for ad[*1570] vantages of the prosecuting authorities and that lack of legal assistance was likely to deprive the accused of his only meaningful opportunity to attack the identifying witness’s credibility. Id. at 232, 87 S.Ct. at 1934-35. In contrast, the Court also stated in Wade that a defendant was not entitled to advice of counsel when asked to give evidence of a physical nature, such as his finger-pimts or samples of blood, hair, or clothing, because, in those circumstances, “the accused has the opportunity for a meaningful confrontation of the Government’s case at trial through the ordinary processes of cross-examination of the Government’s expert witnesses and the presentation of the evidence of his own experts.” Id. at 227-28, 87 S.Ct. at 1932-33. In Ash, the Supreme Court held that a pretrial photographic display was not a critical stage of criminal proceedings because the accused was not present, thereby eliminating the possibility that he “might be misled by his lack of familiarity with the law or overpowered by his professional adversary,” and because the photographs were equally accessible to the accused, thereby removing “any inequality in the adversary process.” 413 U.S. at 317-18, 93 S.Ct. at 2577-78; see also Michigan v. Jackson, 475 U.S. 625, 632-33, 106 S.Ct. 1404, 1409, 89 L.Ed.2d 631 (1986) (post-indictment interrogation is a critical stage); Gilbert v. California, 388 U.S. 263, 267, 87 S.Ct. 1951, 1953, 18 L.Ed.2d 1178 (1967) (taking of handwriting exemplars is not a critical stage).

In Kon Yn-Leung, the Second Circuit reasoned that the Sixth Amendment right to counsel does not apply to a consent to search, because a search does not generate evidence, but merely reveals evidence “already in existence and virtually certain to be available to the government in due course.” 910 F.2d at 40. The request for a consent to search is not a trial-like confrontation where the absence of counsel poses a threat of substantial prejudice to the accused like that posed by the absence of counsel at a pretrial lineup, or a pretrial interrogation. Instead, it is more analogous to a request for other types of physical evidence, such as handwriting exemplars, blood samples, and the like, or to a photographic display. As in those situations, the accused can have a meaningful confrontation of the evidence against him through the ordinary trial processes. For these reasons, we agree with the Second Circuit that a consent to search situation is not a critical stage of the proceedings against an accused to which the right of counsel attaches. Hi-dalgo’s Sixth Amendment rights were not violated by his lack of counsel when he consented to a search of his residence after he had been indicted.

C. THE SCOPE OF THE SEARCH ISSUE

In a consensual search, the scope of the defendant’s consent governs the scope of the search. See, e.g., United States v. Strickland, 902 F.2d 937, 941 (11th Cir.1990); United States v. Blake, 888 F.2d 795, 798 (11th Cir.1989). It is undisputed that Hidalgo signed a consent to search form authorizing a complete search of his residence, the curtilage, two automobiles, and all outbuildings. The form also authorized the officers to remove from the premises “any articles, items, letters, or papers to be used in the investigation of a drug violation.” Nonetheless, Hidalgo argues that, because the consent to search form was written in English and he does not speak English, the scope of his consent should be dictated by Perez’s Spanish explanation of the form, and he argues that the Government offered no evidence that Hidalgo was ever told in Spanish that the officers were searching for tax returns, personal check books, check registers, or records of personal expenditures.

The record and the magistrate judge’s findings are contrary to Hidalgo’s contentions. Perez testified that he explained to Hidalgo that the officers were searching for papers and articles. The magistrate judge found that Perez had explained the consent to search form to Hidalgo and that the form authorized the seizure of the documents in question. The district court adopted the magistrate judge’s findings and those findings will not be reversed by this Court because they are not clearly erroneous. See Blake, 888 F.2d at 798.

D. THE VOLUNTARINESS OF CONSENT ISSUE

Hidalgo contends that the Government failed to prove that his consent to the[*1571] search was voluntary and not coerced. He relies on the undisputed facts that he was arrested by SWAT team members who broke into his home in the early morning, woke him, and forced him to the ground at gunpoint, and that he had invoked his right to remain silent before consenting to the search. As this Court has explained:

Whether a suspect voluntarily gave consent to a search is a question of fact to be determined by the totality of the circumstances. Schneckloth v. Bustamonte, 412 U.S. [218,] 249-250, 93 S.Ct. [2041,] 2059 [36 L.Ed.2d 854 (1973)]; United States v. Chemaly, 741 F.2d 1346, 1352 (11th Cir.1984), vacated, 741 F.2d 1363, reinstated on reh’g, 764 F.2d 747 (11th Cir.1985) (en banc). The government bears the burden of proving both the existence of consent and that the consent was not a function of acquiescence to a claim of lawful authority but rather was given freely and voluntarily. United States v. Massed, 823 F.2d 1503, 1507 (11th Cir.1987). The district court’s factual findings as to whether or not voluntary consent was given may only be disturbed if they are clearly erroneous. Id.; United States v. Chemaly, 741 F.2d at 1353.

Blake, 888 F.2d at 798. After reviewing all of the evidence presented at the suppression hearing, the magistrate judge concluded that, even though the officers’ request for consent followed immediately upon Hidalgo’s arrest and his invocation of his right to remain silent, the evidence indicated that the consent was voluntary. We agree with the magistrate judge’s conclusion.

III. CONCLUSION

Hidalgo’s conviction is AFFIRMED.

1

. This appeal was originally consolidated with Hidalgo's appeal from the district court’s denial of another motion to suppress in a case arising from a Florida search and indictment. We affirmed in that other case under Rule 36-1 by separate order. United States v. Hidalgo, 3 F.3d 443 (11th Cir.1993).

2

. Additionally, at oral argument before this Court, Hidalgo’s attorney alleged that Hidalgo had expressly requested counsel before he had consented to the search. Had this argument been raised below, it might have provided an independent ground for asserting a violation of his Sixth Amendment right to counsel. However, this argument was not raised by Hidalgo in the district court, was not addressed by the magistrate judge or ruled on by the district court, and was not raised in the statement of the issues or the argument sections of Hidalgo's brief to this Court. Therefore, it is not properly before us. See, e.g., Luckie v. Smith Barney, Harris Upham & Co., Inc., 999 F.2d 509, 511 n. 4 (11th Cir.1993) (“We will not address on appeal an issue not raised before the district court.”); McGinnis v. Ingram Equip. Co., Inc., 918 F.2d 1491, 1496 (11th Cir.1990) ("A party normally waives its right to argue issues not raised in its initial brief.”).