A trial court's credibility determinations are entitled to deference unless they are contrary to the laws of nature or so improbable that no reasonable factfinder could accept them.
After a defendant was convicted of possessing counterfeit documents, he appealed the denial of his motion to suppress physical evidence and a post-arrest confession. The defendant argued that the district court's credibility determinations regarding whether he consented to the officers' entry were clearly erroneous and that the subsequent search and statement were products of an illegal entry. The court applies a standard of review that accepts a district court's factual findings unless they are clearly erroneous, noting that credibility determinations are the province of the fact finder. Because the defendant's act of yielding the right-of-way constituted implied consent and the search was conducted voluntarily under the totality of the circumstances, the court affirms the denial of the motion to suppress.
At page 749 Deference to fact-finder's credibility determinations332 citing cases“credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of witnesses.”
- United States v. Willie James Lowe, Jr., No. 25-14208 (11th Cir. June 29, 2026).unpublished (Credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to as- sess the credibility of…)
- United States v. D'eante Corker, No. 25-10642 (11th Cir. Jan. 8, 2026).unpublished(Credibility determinations are typically the 1 According to the K-9 handler, Karpinski would have said something like, “K- 95, could you be 51?” USCA11 Case: 25-10642 Document: 35-1 Date Filed: 01/08/2026 Page: 5 of 6…)
- John Houston v. Cape Haze Tavern, LLC, No. 8:24-cv-02243 (M.D. Fla. Dec. 31, 2025).(Credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of wi…)
- Rodriguez v. Florida Arthritis Ctr., P.L., No. 6:24-cv-00230 (M.D. Fla. May 15, 2025).(Credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of wi…)
- Allen v. United States, No. 8:22-cv-00909 (M.D. Fla. Mar. 10, 2025).(Credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of wi…)
- United States v. Reginald Graham, 123 F.4th 1197 (11th Cir. 2024).published([T]he fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of witnesses.)
- United States v. James Light, Jr., No. 23-12371 (11th Cir. Feb. 7, 2024).unpublished([C]redibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of…)
- Barnett v. Sheriff of Broward Cnty., No. 0:20-cv-61113 (S.D. Fla. Aug. 14, 2023).(Credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and thus is in a better position than a reviewing court to assess the credibility of wi…)
- United States v. Elisabeth Greenhill, No. 21-11102 (11th Cir. Feb. 4, 2022).unpublished(Credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of wi…)
- United States v. Lance Lamar Lucas, No. 21-11880 (11th Cir. Jan. 10, 2022).unpublished (Credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of wi…)
Show 189 more citing cases
- United States v. Derek Lamar Reddick, 714 F. App'x 938 (11th Cir. 2017).unpublished(Credibility determinations are typically the province of the fact finder..,,)
- JTR Enter., LLC v. Columbian Emeralds, 697 F. App'x 976 (11th Cir. 2017).unpublished(Because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of witnesses!!,].. .a trial judge’s choice of whom to believe is conclusive on…)
- United States v. Kareem Cusick, 559 F. App'x 790 (11th Cir. 2014).unpublished ([I]n evaluating the factual version of events between the law enforcement officers and [the defendant], we should defer to the magistrate judge’s determinations unless his understanding of the facts appears to be unbel…)
- United States v. Otis Lorenzo Salley, 341 F. App'x 498 (11th Cir. 2009).unpublished (Credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of wi…)
- United States v. Harold Jules, 244 F. App'x 964 (11th Cir. 2007).unpublished (Therefore, in evaluating the factual version of events between the law enforcement officers and Ramirez-Chilel, we should defer to the magistrate judge’s determinations unless his understanding of the facts appears to…)
- United States v. Jahziel Pineiro, 389 F.3d 1359 (11th Cir. 2005).published ([I]n evaluating the factual version of events between the law enforcement officers and [the defendant], we should defer to the [court’s] determinations unless [its] understanding of the facts appears to be ‘unbelievabl…)
- United States v. Kelvin Laron Howard, No. 24-11809 (11th Cir. Aug. 26, 2026).unpublishedUnited States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002).
- Misty Wallace-Barnes v. Comm'r of Soc. Sec., No. 25-14106 (11th Cir. Aug. 19, 2026).unpublishedThat is because “the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of witnesses.” United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th USCA11 Case: 25-141…
- United States v. Nicholas Smith, No. 24-13904 (11th Cir. July 2, 2026).unpublishedThe officers who stopped the car stated that it had illegally tinted windows, that its driver had improperly stopped in a crosswalk, and that it had run a red light. 1 When reviewing the denial of a motion to suppress, we accept the versio…
- United States v. Luther Jones, No. 25-12062 (11th Cir. June 16, 2026).unpublishedUnited States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002).
- Carl Kizziah v. United States, No. 24-13222 (11th Cir. May 21, 2026).unpublishedIn general, we will not disturb the district court’s credibility finding “unless it is ‘so inconsistent or improbable on its face that no reasonable factfinder could accept it.’” Id. at 1317 (quoting United States v. Ramirez–Chilel, 289 F.…
- United States v. Hector Caballero, No. 23-12484 (11th Cir. Apr. 16, 2026).unpublishedThis Court “will accept a factfinder’s credibility determination unless the proffered evidence USCA11 Case: 23-12484 Document: 51-1 Date Filed: 04/16/2026 Page: 13 of 23 is ‘contrary to the laws of nature’ or is ‘so inconsistent or improba…
- United States v. Gerard Beasley, No. 24-12004 (11th Cir. Apr. 7, 2026).unpublishedWe must accept the version of events adopted by the district court “unless it is contrary to the laws of nature, or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.” United States v. Ramirez-Chile…
- United States v. Henry Guice, Jr., No. 24-13110 (11th Cir. Mar. 24, 2026).unpublishedAdditionally, “[c]redibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of witnes…
- United States v. William Coleman, No. 25-12788 (11th Cir. Mar. 17, 2026).unpublished United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002).
- United States v. Dickenson Elan, No. 24-10495 (11th Cir. Mar. 6, 2026).unpublished (citation modified)
- United States v. Deion Larry Jamar Mangum, No. 24-11948 (11th Cir. Feb. 19, 2026).unpublished We defer to a credibility determination by a factfinder “unless it is contrary to the laws of nature, or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.” United States v. Ramirez-Chilel, 289 F.3d…
- United States v. Howatdrick Jones, No. 25-10286 (11th Cir. Feb. 12, 2026).unpublishedHe maintains that his mere possession of a firearm and drugs is insufficient to support his conviction “without evidence that the firearm played an active role in the drug trafficking activity.” “‘Credibility determinations are typically t…
- United States v. Keith Pharms, No. 24-14191 (11th Cir. Feb. 5, 2026).unpublished Thus, “[w]e will accept a factfinder’s credibility determination unless the proffered evidence is ‘contrary to the laws of nature’ or is ‘so inconsistent or improbable on its face that no reasonable factfinder could accept it.’” Id. (quoti…
- Elkhorn Goldfields, Inc. v. Kapila, No. 6:23-cv-02425 (M.D. Fla. Sept. 29, 2025).In other words, [w]e must accept the evidence unless it is contrary to the laws of nature . . . .” United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002) (citations omitted).
- United States v. Steven Berne Schmitz, 153 F.4th 1334 (11th Cir. 2025).publishedWe must accept the version of events credited by the district court “unless it is contrary to the laws of nature, or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.” United States v. Ramirez-Chil…
- United States v. Deondre Bain, No. 24-10480 (11th Cir. Aug. 20, 2025).unpublished See id. at 1303 ; United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002).
- United States v. Karzarta Piett, No. 23-13197 (11th Cir. July 30, 2025).unpublishedWe must accept the version of events adopted by the district court “unless it is contrary to the laws of nature, or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.” United States v. Ramirez-Chile…
- United States v. Gregory LaMarcus Green, No. 24-12642 (11th Cir. July 11, 2025).unpublishedUnited States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002) (quotation marks omitted).
- United States v. Vincent Edward Wardlow, No. 25-10341 (11th Cir. July 10, 2025).unpublishedThe version of events that Deputy Matera described is not “contrary to the laws of nature, or . . . so inconsistent or improbable on its face that no reasonable factfinder could accept it.” United States v. Ramirez-Chilel, 289 F.3d 744, 74…
- United States v. J. Cruz Cortero-Roman, No. 22-13930 (11th Cir. June 12, 2025).unpublishedUnited States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002).
- United States v. Alphonso Battle, No. 24-12046 (11th Cir. Apr. 29, 2025).unpublished We afford considerable deference to a district court’s credibility determinations because it “observes the testimony and is thus in a better position than a reviewing court to assess the credibility of witnesses.” United States v. Ramirez-…
- United States v. Grayson Eagan, No. 24-10904 (11th Cir. Apr. 16, 2025).unpublishedWe must accept the version of events adopted by the district court “unless it is contrary to the laws of nature or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.” United States v. Ramirez-Chilel,…
- United States v. Phillip Martin, No. 24-11258 (11th Cir. Apr. 16, 2025).unpublished“Credibility determinations are typically the province of the fact finder,” and we will defer to a district court’s credibility determination “unless it is contrary to the laws of nature, or is so inconsistent or improbable on its face tha…
- Kissinger St. Fleur v. United States, No. 23-13158 (11th Cir. Apr. 4, 2025).unpublishedWe have explained that “[c]redibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility…
- United States v. Tyree Arvell Monroe, No. 24-12707 (11th Cir. Mar. 12, 2025).unpublishedBut we are not in the best position for this task because “[c]redibility determinations are typically in the province of the fact finder.” United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002).
- United States v. Floyd Green, Jr., No. 24-10274 (11th Cir. Feb. 20, 2025).unpublished We must accept the version of events adopted by the district court “unless it is contrary to the laws of nature, or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.” United States v. Ramirez-Chile…
- United States v. Giambro, 126 F.4th 46 (1st Cir. 2025).publishedAny such "credibility determination is within the trial court's purview, and we 'defer to the [trial court's] determinations unless [its] understanding of the facts appears to be unbelievable.'" United States v. Evans, 958 F.3d 1102, 1107…
- Sanchez Ramos v. United States, No. 2:23-cv-14247 (S.D. Fla. Oct. 11, 2024).U.S. v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002) (citing Viehman v. Schweiker, 679 F.2d 223, 227-28 (11th Cir.1982)).
- United States v. Hermilo Benitez, 541 F. App'x 961 (11th Cir. 2013).unpublished
- United States v. Douglas E. Perry, Jr., 522 F. App'x 821 (11th Cir. 2013).unpublished
- United States v. Louis Allen, 523 F. App'x 542 (11th Cir. 2013).unpublished
- United States v. Frederick Bodison, 523 F. App'x 601 (11th Cir. 2013).unpublished
- United States v. Carlos Montes, 523 F. App'x 634 (11th Cir. 2013).unpublished
- United States v. Rigoberto Bautista-Villanueva, 524 F. App'x 476 (11th Cir. 2013).unpublished
- United States v. Enrique Borja-Antunes, 530 F. App'x 882 (11th Cir. 2013).unpublished
- United States v. Keshon Barkim McWilliams, 536 F. App'x 837 (11th Cir. 2013).unpublished
- United States v. Michael Talton Williams, 731 F.3d 1222 (11th Cir. 2013).published
- United States v. James Robertson, 736 F.3d 1317 (11th Cir. 2013).published
- United States v. Kabil Anton Djenasevic, 545 F. App'x 946 (11th Cir. 2013).unpublished
- United States v. Chase Amon Manning, 552 F. App'x 958 (11th Cir. 2014).unpublished
- United States v. Marion Sturgis Donaldson, 558 F. App'x 962 (11th Cir. 2014).unpublished
- United States v. Odumeqwu Ingram, 560 F. App'x 871 (11th Cir. 2014).unpublished
- Marlandow Jeffries v. United States, 748 F.3d 1310 (11th Cir. 2014).published
- United States v. Kadeem C. Moore, 570 F. App'x 848 (11th Cir. 2014).unpublished
- United States v. Daniel Aguilar-Gonzalez, 571 F. App'x 880 (11th Cir. 2014).unpublished
- United States v. William J. Britt, 576 F. App'x 959 (11th Cir. 2014).unpublished
- United States v. Ulysses Antwain Blackmon, 578 F. App'x 854 (11th Cir. 2014).unpublished
- United States v. Somers, 591 F. App'x 753 (11th Cir. 2014).unpublished
- United States v. Frank J. Teers, 591 F. App'x 824 (11th Cir. 2014).unpublished
- United States v. Julian Breal, 593 F. App'x 949 (11th Cir. 2014).unpublished
- United States v. Carl Bruce Smith, Jr., 596 F. App'x 804 (11th Cir. 2015).unpublished
- United States v. Nathaniel Holt, Jr., 777 F.3d 1234 (11th Cir. 2015).published
- United States v. Natoya Mashea Handy, 592 F. App'x 893 (11th Cir. 2015).unpublished
- Marcus Rivers v. United States, 777 F.3d 1306 (11th Cir. 2015).published
- United States v. Iris Dorman, 603 F. App'x 844 (11th Cir. 2015).unpublished
- United States v. Terrence Rashod Clark, 605 F. App'x 892 (11th Cir. 2015).unpublished
- United States v. Omar Weise, 606 F. App'x 981 (11th Cir. 2015).unpublished
- United States v. Canetha Johnson, 608 F. App'x 764 (11th Cir. 2015).unpublished
- United States v. Bernal Emile, 618 F. App'x 953 (11th Cir. 2015).unpublished
- United States v. Larry P. Raymer, 615 F. App'x 668 (11th Cir. 2015).unpublished
- United States v. Christopher Oates, 619 F. App'x 955 (11th Cir. 2015).unpublished
- United States v. Jacques Maddox, 803 F.3d 1215 (11th Cir. 2015).published
- United States v. Eric Lanard Williams, 611 F. App'x 616 (11th Cir. 2015).unpublished
- United States v. Quentalin Brown, 569 F. App'x 759 (11th Cir. 2014).unpublished
- United States v. Jennifer A. Sparks, 806 F.3d 1323 (11th Cir. 2015).published
- United States v. Elio Marroquin-Lopez, 634 F. App'x 758 (11th Cir. 2015).unpublished
- Orasama Andrews v. United States, 634 F. App'x 259 (11th Cir. 2015).unpublished
- United States v. Michael James Harrell, 635 F. App'x 682 (11th Cir. 2015).unpublished
- United States v. William Espinoza, 635 F. App'x 739 (11th Cir. 2015).unpublished
- United States v. Jerry Ward, 634 F. App'x 278 (11th Cir. 2015).unpublished
- United States v. Francisco E. Garcia, Jr., 633 F. App'x 760 (11th Cir. 2015).unpublished
- United States v. Travis Lavert Shubert, 638 F. App'x 882 (11th Cir. 2016).unpublished
- United States v. Eleftherios Zachariadis, 642 F. App'x 945 (11th Cir. 2016).unpublished
- United States v. Calvin Woodard, 639 F. App'x 621 (11th Cir. 2016).unpublished
- United States v. Michael Smith, 821 F.3d 1293 (11th Cir. 2016).published
- United States v. Derrick Dwayne Mackey, 649 F. App'x 713 (11th Cir. 2016).unpublished
- United States v. Tony James Leflore, 653 F. App'x 703 (11th Cir. 2016).unpublished
- United States v. Guy Derilus, 668 F. App'x 349 (11th Cir. 2016).unpublished
- United States v. Alex Guerrier, 659 F. App'x 544 (11th Cir. 2016).unpublished
- United States v. Ayla Marie Mendoza, 661 F. App'x 986 (11th Cir. 2016).unpublished
- United States v. Isaac Dillard Wilson, 662 F. App'x 693 (11th Cir. 2016).unpublished
- United States v. Christopher M. Mack, 670 F. App'x 676 (11th Cir. 2016).unpublished
- United States v. Jeremy Spencer, 685 F. App'x 863 (11th Cir. 2017).unpublished
- United States v. Lazaro Mora Gutierrez, 688 F. App'x 654 (11th Cir. 2017).unpublished
- Carolyn Bates v. United States Gen. Servs. Admin., 695 F. App'x 429 (11th Cir. 2017).unpublished
- United States v. Phillip Don Scott, 693 F. App'x 835 (11th Cir. 2017).unpublished
- United States v. Maurice Odell Brown, 700 F. App'x 976 (11th Cir. 2017).unpublished
- United States v. Dexter Jackson, 703 F. App'x 853 (11th Cir. 2017).unpublished
- United States v. James Robert Cotter, 695 F. App'x 540 (11th Cir. 2017).unpublished
- Harrison Norris, Jr. v. United States, 709 F. App'x 952 (11th Cir. 2017).unpublished
- United States v. Laquitta S. Brackins, 711 F. App'x 491 (11th Cir. 2017).unpublished
- United States v. Quantrell Grace, 711 F. App'x 495 (11th Cir. 2017).unpublished
- United States v. Donald Broomfield, 698 F. App'x 591 (11th Cir. 2017).unpublished
- United States v. Quinton Jackson, 713 F. App'x 963 (11th Cir. 2017).unpublished
- United States v. Allen Lamond Ruckstuhl, No. 17-10757 (11th Cir. Dec. 21, 2017).unpublished
- United States v. Joseph-Michael Elias McFarland, No. 17-10793 (11th Cir. Dec. 26, 2017).unpublished
- United States v. Michael Joseph Ward, No. 17-10626 (11th Cir. Jan. 16, 2018).unpublished
- United States v. Altius Willix, No. 16-17611 (11th Cir. Feb. 5, 2018).unpublished
- United States v. Zuleyka Jeanette Colon-Rivera, 711 F. App'x 595 (11th Cir. 2018).unpublished
- United States v. Kevin Raphael Bully, No. 16-16233 (11th Cir. Mar. 2, 2018).unpublished
- United States v. Aljawon Miles, No. 17-13167 (11th Cir. Mar. 8, 2018).unpublished
- United States v. Roosevelt Williams, No. 17-11843 (11th Cir. Apr. 19, 2018).unpublished
- United States v. Elisabet Kerese Alvarez, No. 16-17416 (11th Cir. Apr. 23, 2018).unpublished
- United States v. Willie Alexander Washington, No. 17-14759 (11th Cir. May 29, 2018).unpublished
- United States v. Sergio Antonio Zambrano, No. 17-12377 (11th Cir. Oct. 9, 2018).unpublished
- United States v. Heraldo Mojica, Jr., No. 17-15777 (11th Cir. Oct. 26, 2018).unpublished
- United States v. Guy Ennis Smith, No. 17-12412 (11th Cir. Dec. 7, 2018).unpublished
- United States v. Dana Michelle Flippo, No. 17-14689 (11th Cir. Jan. 7, 2019).unpublished
- United States v. Ozzie Thomas, No. 18-11195 (11th Cir. Feb. 5, 2019).unpublished
- United States v. Jaile Rodriguez, No. 18-11232 (11th Cir. Mar. 12, 2019).unpublished
- USA v., Tony Jay Saunders, No. 18-14446 (11th Cir. May 22, 2019).unpublished
- United States v. Arkelius Cantrell Gray, No. 18-12258 (11th Cir. June 7, 2019).unpublished
- United States v. Neil Timothy Aho, No. 18-12455 (11th Cir. June 27, 2019).unpublished
- Juniel B. Rios v. United States, No. 18-12251 (11th Cir. Aug. 5, 2019).unpublished
- United States v. Shawn Sibert, No. 18-14113 (11th Cir. Aug. 8, 2019).unpublished
- United States v. Georgia Fredrick Rash, No. 19-10276 (11th Cir. Oct. 8, 2019).unpublished
- United States v. Zachary Jerrel Cheeks, No. 18-14796 (11th Cir. Nov. 20, 2019).unpublished
- United States v. Vernon Marcus Coleman, No. 19-10410 (11th Cir. Dec. 3, 2019).unpublished
- Regions Bank v. Kathryn Kaplan, No. 18-14010 (11th Cir. Mar. 19, 2020).unpublished
- United States v. Luis Alberto Lara Salomon, No. 18-13347 (11th Cir. Mar. 4, 2020).unpublished
- United States v. Randall Keith Midkiff, No. 19-12420 (11th Cir. Mar. 9, 2020).unpublished
- United States v. Willie Evans, 958 F.3d 1102 (11th Cir. 2020).published
- Burt Kroner v. Comm'r, T.C. Memo. 2020-73 (Tax Ct. 2020).unpublished
- United States v. Uchechi Ohanaka, No. 19-11077 (11th Cir. June 24, 2020).unpublished
- United States v. Michael Gilbert Brown, No. 19-15116 (11th Cir. Sept. 8, 2020).unpublished
- United States v. Cornelio Jeremias Juarez Samayoa, No. 19-12842 (11th Cir. Sept. 15, 2020).unpublished
- United States v. Balmy Lincoln Joseph, 978 F.3d 1251 (11th Cir. 2020).published
- United States v. Victor I. Chukwu, 842 F. App'x 314 (11th Cir. 2021).unpublished
- United States v. Braulio Hilario Perez, No. 19-15083 (11th Cir. Jan. 25, 2021).unpublished
- United States v. Dequay Roberts, 849 F. App'x 863 (11th Cir. 2021).unpublished
- United States v. Marcus Jenkins, No. 20-12161 (11th Cir. Apr. 20, 2021).unpublished
- United States v. Craig Alan Castaneda, 997 F.3d 1318 (11th Cir. 2021).published
- United States v. Jimmie Dennis, Jr., No. 20-12438 (11th Cir. May 28, 2021).unpublished
- United States v. Lamont Guinyard, No. 20-10312 (11th Cir. July 12, 2021).unpublished
- United States v. Earl Baldwin, No. 20-12993 (11th Cir. July 12, 2021).unpublished
- United States v. Jerome Curtis Stancil, 4 F.4th 1193 (11th Cir. 2021).published
- United States v. Daniel A. Rodriguez, No. 19-12451 (11th Cir. Aug. 25, 2021).unpublished
- United States v. James Edward Bouie, No. 21-11200 (11th Cir. Aug. 26, 2021).unpublished
- United States v. James Bernard Braddy, 11 F.4th 1298 (11th Cir. 2021).published
- United States v. Tarence Donyae Mitchel, No. 21-10980 (11th Cir. Sept. 29, 2021).unpublished
- United States v. Douglas Moss, 30 F.4th 1271 (11th Cir. 2022).published
- United States v. Karen Dickerson, No. 21-13172 (11th Cir. May 19, 2022).unpublished
- United States v. Douglas Moss, 34 F.4th 1176 (11th Cir. 2022).published
- United States v. D'Anthony M. Dillard, No. 21-12578 (11th Cir. June 1, 2022).unpublished
- United States v. Mark Christopher Menendez, No. 20-13628 (11th Cir. July 1, 2022).unpublished
- United States v. Randall Mellon, No. 21-12248 (11th Cir. Sept. 7, 2022).unpublished
- United States v. Igor Grushko, 50 F.4th 1 (11th Cir. 2022).published
- United States v. McCormick, 644 F. App'x 910 (11th Cir. 2016).unpublished
- United States v. Jackson, 653 F. App'x 719 (11th Cir. 2016).unpublished
- United States v. Richard H. Smith, No. 22-10489 (11th Cir. Dec. 27, 2022).unpublished
- United States v. Clark Downs, 56 F.4th 1314 (11th Cir. 2023).published
- United States v. Jimmie Lee Taite, No. 22-12285 (11th Cir. Feb. 23, 2023).unpublished
- United States v. Clark Downs, 61 F.4th 1306 (11th Cir. 2023).published
- United States v. Lewgene Meeks, No. 22-14145 (11th Cir. Sept. 19, 2023).unpublished
- United States v. Dontray Lewis, No. 22-14246 (11th Cir. Oct. 11, 2023).unpublished
- United States v. Johnny Ordaz, No. 21-13423 (11th Cir. Feb. 7, 2024).unpublished
- United States v. Kwuan Montrell Baker, No. 22-13937 (11th Cir. Feb. 27, 2024).unpublished
- United States v. Manuel Velez-Acosta, No. 22-13528 (11th Cir. Feb. 27, 2024).unpublished
- United States v. Nihad Al Jaberi, 97 F.4th 1310 (11th Cir. 2024).published
- United States v. Michael Robinson, No. 23-11325 (11th Cir. Apr. 10, 2024).unpublished
- Antuna v. Johnson (Charlotte Cnty.), No. 2:17-cv-00233 (M.D. Fla. Apr. 20, 2020).
- Saez v. United States, No. 2:21-cv-00531 (M.D. Fla. Feb. 6, 2023).
- Sizer v. United State of Am., No. 1:18-cv-22908 (S.D. Fla. Dec. 30, 2020).
- Francois v. United States, No. 0:20-cv-60062 (S.D. Fla. Oct. 12, 2021).
- Davis v. United States, No. 1:19-cv-22263 (S.D. Fla. Sept. 26, 2022).
- Nelson v. United States, No. 1:22-cv-21595 (S.D. Fla. Apr. 10, 2023).
- United States v. Hernandez, No. 1:18-cv-20783 (S.D. Fla. Jan. 5, 2024).
- Munoz v. Diaz, No. 4:22-cv-00009 (S.D. Ga. Apr. 12, 2022).
- United States v. James Christopher White, No. 23-12807 (11th Cir. July 1, 2024).unpublished
- United States v. Derrick S. Lewis, No. 22-12938 (11th Cir. July 10, 2024).unpublished
- United States v. Donald Johnson, No. 23-10030 (11th Cir. July 10, 2024).unpublished
- United States v. Enrique Martinez, No. 22-12782 (11th Cir. July 18, 2024).unpublished
- United States v. Brian Patrick Durning, No. 23-13289 (11th Cir. Aug. 22, 2024).unpublished
- United States v. Derrick Collins, No. 23-10322 (11th Cir. Aug. 27, 2024).unpublished
- United States v. Carlos Martinez, No. 23-13932 (11th Cir. Oct. 10, 2024).unpublished
- Global Life Tech. Corp. v. Medline Indus., Inc., No. 1:20-cv-21240 (S.D. Fla. July 26, 2024).
- Pako v. United States, No. 2:23-cv-14016 (S.D. Fla. Sept. 20, 2024).
- United States v. Dedric Rolando Clinton, Jr., No. 24-10378 (11th Cir. Jan. 31, 2025).unpublished
- Braver v. Wachob, No. 1:24-cv-24048 (S.D. Fla. June 13, 2025).
- United States v. Jalen McIntyre, No. 25-11854 (11th Cir. May 20, 2026).unpublished
- United States v. Johnson Thelisma, 615 F. App'x 664 (11th Cir. 2015).unpublished
- Frazier v. Se. Georgia Health Sys., Inc., No. 2:21-cv-00021 (S.D. Ga. Mar. 1, 2024).
- United States v. Frank Bell, 112 F.4th 1318 (11th Cir. 2024).published
At page 752 Distinguishing implied consent from failure to object31 citing casesbody language demonstrated “implied consent to enter
- Roseann Michelle Gill v. Grady Judd, 941 F.3d 504 (11th Cir. 2019).published
- Commonwealth v. Rogers, 827 N.E.2d 669 (Mass. 2005).published
- United States v. Michael A. Barr, No. 21-11487 (11th Cir. Jan. 3, 2023).unpublished
- United States v. Canetha Johnson, 608 F. App'x 764 (11th Cir. 2015).unpublished
- United States v. Ayla Marie Mendoza, 661 F. App'x 986 (11th Cir. 2016).unpublished
- United States v. Reynolds, 526 F. Supp. 2d 1330 (N.D. Ga. 2007).published
- United States v. Harold Scott Baker, 206 F. App'x 928 (11th Cir. 2006).unpublished
- United States v. Jerry Smith, 199 F. App'x 759 (11th Cir. 2006).unpublished
- United States v. Ronel Chrispin, 181 F. App'x 935 (11th Cir. 2006).unpublished
- United States v. Raymond Sweetenburg, 186 F. App'x 879 (11th Cir. 2006).unpublished
Show 20 more citing cases
- United States v. Husain Abdul Alim, 256 F. App'x 236 (11th Cir. 2007).unpublished
- United States v. Johnny L. Holmes, 270 F. App'x 767 (11th Cir. 2008).unpublished
- United States v. Oscar Rene Diaz, 279 F. App'x 739 (11th Cir. 2008).unpublished
- Saleem Bashir v. Rockdale Cnty., 445 F.3d 1323 (11th Cir. 2006).published
- United States v. Malady, 209 F. App'x 848 (10th Cir. 2006).unpublished
- United States v. Cristian Figueroa, 419 F. App'x 973 (11th Cir. 2011).unpublished
- United States v. Joel Villegas, 388 F.3d 317 (7th Cir. 2004).published
- United States v. Degaule, 797 F. Supp. 2d 1332 (N.D. Ga. 2011).published
- United States v. Hernandez, 214 F. Supp. 2d 1344 (S.D. Fla. 2002).published
- Christopher Lawrence v. Gwinnett Cnty., 557 F. App'x 864 (11th Cir. 2014).unpublished
- United States v. Armando Jaimez, 571 F. App'x 935 (11th Cir. 2014).unpublished
- United States v. Terek Antone-Herron, 593 F. App'x 960 (11th Cir. 2014).unpublished
- United States v. Phillip Walton, 323 F. App'x 837 (11th Cir. 2009).unpublished
- United States v. James Faler, 832 F.3d 849 (8th Cir. 2016).published
- Timothy Robert Treffinger v. United States, 798 F. App'x 428 (11th Cir. 2020).unpublished
- State v. Daino, 458 P.3d 252 (Kan. Ct. App. 2020).published
- United States v. Lisbon, 835 F. Supp. 2d 1329 (N.D. Ga. 2011).published
- Mehta v. Foskey, 877 F. Supp. 2d 1367 (S.D. Ga. 2012).published
- Constance Jiles v. Angie Rebecca Lowery, No. 22-13245 (11th Cir. Feb. 15, 2023).unpublished
- Johnson v. Sec'y, Dep't of Corr. (Pinellas Cnty.), No. 8:19-cv-02297 (M.D. Fla. July 26, 2022).
At page 748 Finding consent to search and waiving miranda rights21 citing casesfinding implicit consent to search where defendant stepped aside and allowed officers to enter his home
- United States v. Lysander Anthony Weaver, 145 F. App'x 639 (11th Cir. 2005).unpublished
- United States v. James Lee Rush, 144 F. App'x 13 (11th Cir. 2005).unpublished
- United States v. Michael Williams, 162 F. App'x 884 (11th Cir. 2006).unpublished
- United States v. Thong C. Tran, 171 F. App'x 758 (11th Cir. 2006).unpublished
- United States v. Bernard Kenneth Jennings, Jr., 227 F. App'x 828 (11th Cir. 2007).unpublished
- United States v. Jerry Clark Nichols, 248 F. App'x 105 (11th Cir. 2007).unpublished
- United States v. John Hans Thomas, 348 F. App'x 497 (11th Cir. 2009).unpublished
- United States v. Charles Woods, 385 F. App'x 914 (11th Cir. 2010).unpublished
- United States v. Jason Bergin, 455 F. App'x 908 (11th Cir. 2012).unpublished
- United States v. Robert Steven Harrelson, 465 F. App'x 866 (11th Cir. 2012).unpublished
Show 10 more citing cases
- United States v. Douglas Pupo-Reynaldo, 470 F. App'x 873 (11th Cir. 2012).unpublished
- United States v. Powner, 481 F. App'x 529 (11th Cir. 2012).unpublished
- United States v. Michael Chereece Scott, 517 F. App'x 647 (11th Cir. 2013).unpublished
- United States v. Guillermo Gabriel Aguilar, 519 F. App'x 541 (11th Cir. 2013).unpublished
- United States v. Hermilo Benitez, 541 F. App'x 961 (11th Cir. 2013).unpublished
- United States v. Demuntray D. Cox, 544 F. App'x 908 (11th Cir. 2013).unpublished
- United States v. Shabazz Sangria Wingfield, 646 F. App'x 728 (11th Cir. 2016).unpublished
- United States v. Johnny Dewitt Harris, 653 F. App'x 709 (11th Cir. 2016).unpublished
- United States v. Tran, 342 F. App'x 758 (11th Cir. 2006).unpublished
- United States v. Michael A. Barr, No. 21-11487 (11th Cir. Jan. 3, 2023).unpublished
At page 751 Determining when consent to search is involuntary16 citing casesA suspect does not consent to a search of his residence when his consent to the entry into his residence is prompted by a show of official authority.
- Harold Fish v. Tim Brown, 838 F.3d 1153 (11th Cir. 2016).published (A suspect does not consent to a search of his residence when his consent to the entry into his residence is prompted by a show of official authority.)
- Shullaw v. Mcmullen, No. 3:23-cv-13317 (N.D. Fla. Mar. 31, 2025).Nevertheless, Shullaw argues that such consent would have been impossible under the circumstances because of the officers’ “show of official authority.” ECF No. 29 at 24-25 (quoting United States v. Ramirez-Chilel, 289 F.3d 744, 751 (11th…
- Commonwealth v. Rogers, 827 N.E.2d 669 (Mass. 2005).published
- United States v. Canetha Johnson, 608 F. App'x 764 (11th Cir. 2015).unpublished
- Tariku H. Keira v. U.S. Postal Serv., 145 F. App'x 637 (11th Cir. 2005).unpublished
- United States v. Larry Bud Simpson, Jr., 259 F. App'x 164 (11th Cir. 2007).unpublished
- United States v. Peter Christian Boulette, 265 F. App'x 895 (11th Cir. 2008).unpublished
- United States v. Jose Garcia Gutierrez, 438 F. App'x 762 (11th Cir. 2011).unpublished
- United States v. Reynolds, 526 F. Supp. 2d 1330 (N.D. Ga. 2007).published
- Pledger v. State, 572 S.E.2d 348 (Ga. Ct. App. 2002).published
Show 6 more citing cases
- United States v. Stiner, 551 F. Supp. 2d 1350 (M.D. Fla. 2008).published
- State v. Ojeda, 147 So. 3d 53 (Fla. 3d DCA 2014).published
- United States v. Dante Jamon Walker, 390 F. App'x 854 (11th Cir. 2010).unpublished
- Douglas Fuqua v. Brett Turner, 996 F.3d 1140 (11th Cir. 2021).published
- Frias v. Demings, 823 F. Supp. 2d 1279 (M.D. Fla. 2011).published
- United States v. Michael Venetez McRae, No. 21-13905 (11th Cir. Aug. 8, 2023).unpublished
At page 750 Reviewing credibility determinations and consent to entry7 citing casesholding that the defendant had consented to the officers’ entry by yielding the right-of-way at his door
- Mitchell, James v. United States, No. 0:24-cv-61603 (S.D. Fla. Mar. 18, 2025).Credibility determinations of witness testimony in a § 2255 proceeding are generally made by “weigh[ing] the testimony of all of the witnesses, taking into account relevant factors such as their interests in the case, the consistency or in…
- Delice, Yves v. United States, No. 1:24-cv-21192 (S.D. Fla. Feb. 5, 2025).See Rizo v. United States, 662 F. App’x 901, 912 (11th Cir. 2016) (using similar factors to make credibility determination in § 2255 proceeding (citing United States v. Ramirez-Chilel, 289 F.3d 744, 750 (11th Cir. 2002))); Pierrelus v. Uni…
- United States v. Louis Allen, 523 F. App'x 542 (11th Cir. 2013).unpublished
- United States v. Willie Alexander Washington, No. 17-14759 (11th Cir. May 29, 2018).unpublished
- United States v. Vazquez, 406 F. App'x 430 (11th Cir. 2010).unpublished
- Rizo v. United States, 662 F. App'x 901 (11th Cir. 2016).unpublished
At page 746 police stated purpose and requested entry2 citing cases
- Roseann Michelle Gill v. Grady Judd, 941 F.3d 504 (11th Cir. 2019).published
- Commonwealth v. Rogers, 827 N.E.2d 669 (Mass. 2005).published
At page 747 dant, Ramirez-Chilel, answered the door; Guillan spoke to Ramirez-Chilel in Spanish to request admittance “in order to determine whether or not there was any…2 citing cases
- Roseann Michelle Gill v. Grady Judd, 941 F.3d 504 (11th Cir. 2019).published
- United States v. Smalls, 617 F. Supp. 2d 1240 (S.D. Fla. 2008).published
At page 753 “nighttime searches are deemed to be more usca11 case: 19-14002 date filed: 04/05/2022 page: 16 of 31 intrusive than daytime searches, and the assemblage of law enforcement officers at one's door in the middle of the night has a tendency to be more coercive than during the day.”1 citing case
- United States v. Romeo Valentin Sanchez, 30 F.4th 1063 (11th Cir. 2022).published“nighttime searches are deemed to be more usca11 case: 19-14002 date filed: 04/05/2022 page: 16 of 31 intrusive than daytime searches, and the assemblage of law enforcement officers at one's door in the middle of the nig…”
v.
Carlos Enrique RAMIREZ-CHILEL, A.K.A. Carlos-Enrique Ramirez-Chelel, Defendant-Appellant
Carlos Enrique Ramirez-Chilel was convicted of knowing possession with the intent to use and transfer unlawfully five or more false United States identification documents in violation of 18 U.S.C. § 1028(a)(1) and (a)(3) and of knowing and unauthorized possession of blank immigration permits in violation of 18 U.S.C. § 1546(a). Ramirez-Chilel now appeals the district court’s decision to deny his motion to suppress all physical evidence seized from his bedroom on the night of March 15, 2000, as well as his post-arrest confession made later that night at the police station. Specifically, he argues that (1) the court made clearly erroneous credibility determinations as to who answered the door of the residence when the officers knocked; (2) the officers’ initial entry into his residence was illegal; and (3) the subsequent search of his home and resulting post-arrest statement were both products of the unlawful entry and should have been excluded. We find that the district court’s findings of fact were not clearly erroneous and that the law enforcement officers’ entry into Ramirez-Chilel’s home and subsequent search was legal. We therefore affirm.
BACKGROUND
At approximately 11:45 p.m. on March 15, 2000, Detectives Zealor and Hyde, both officers on the Treasure Coast Drug Enforcement Agency (DEA) Task Force, Immigration and Naturalization Service (INS) Investigator Guillan, and INS Agent Price proceeded to Ramirez-Chilel’s trailer in Indian River County, Florida. The officers had received a tip that someone in that trailer was producing and selling counterfeit immigration and identification documents. [1] The officers had no probable cause to search the trailer and no search warrant, nor were there any exigent circumstances for approaching the residence at that hour. The officers were hoping' they would be given consent to enter and search the premises when they arrived.
Guillan, Hyde, Price, and Zealor approached the residence shortly before midnight; the officers claim to have no particular reason for arriving at night other than wanting to follow up on a tip they had recently received. Guillan knocked on the door. What happened next is a subject of much dispute.
Both Hyde and Guillan testified at the suppression hearing that they approached Ramirez-Chilel’s home without weapons drawn; Guillan knocked on the front door several times and announced in Spanish that they were police officers; the defen[*747] dant, Ramirez-Chilel, answered the door; Guillan spoke to Ramirez-Chilel in Spanish to request admittance “in order to determine whether or not there was any evidence of counterfeit documents or counterfeit immigration documents at that residence”; [2] Ramirez-Chilel then “yield[ed] the right-of-way” to the officers and thus consented to their entry into the home; and, after signing a consent to search form, Ramirez-Chilel voluntarily consented to the search of the home. [3]
In their testimonies, Ramirez-Chilel and his girlfriend, Evinelli Pineda, described the events in a wholly different manner. They testified that the officers knocked loudly and announced themselves; Pine-da’s four-year-old son opened the door to the home; and the officers then stepped into the home and were already inside when Ramirez-Chilel emerged from his bedroom. Ramirez-Chilel testified at the hearing that Guillan spoke to him in Spanish and that he did not understand what Guillan was saying to him because Guillan was speaking both English and Spanish. Ramirez-Chilel did admit that Guillan asked if there were any guns or “bad things” in the residence and that he said no and told the officers they could go ahead and search because he knew he did not have any guns or “bad things” in the residence. Ramirez-Chilel claims that he signed some papers (i.e., the consent to search form) because Guillan said they had a right to search the trailer and he did not think that he had any choice.
When the officers searched the residence, they found counterfeit resident alien cards, counterfeit social security cards, photo residue in a garbage can, a plastic laminator, blank and completed birth certificates from Mexico, drivers’ license and identification cards from the State of Kansas, and other items normally used in the production of counterfeit documents. After these items were found, Ramirez-Chilel was arrested, and Guillan then advised him of his Miranda rights [4] in Spanish. According to Guillan, Ramirez-Chilel acknowledged that he understood his rights and told Guillan that the documents did not belong to him, but belonged to someone named Jorge Martinez. Ramirez-Chilel denies hearing his Miranda rights and denies ever telling Guil-lan that he prepared or sold false immigration or identification documents. He claims that he said that everything belonged to Martinez, and that Martinez was allowed to live at the trailer in 1999 when he went back to Guatemala for a period of time.
Ramirez-Chilel was then transported to the local DEA Drug Task Force Office in the St. Lucie County police sta[*748] tion. He was read his Miranda rights again and signed the form. The form was in English and Guillan translated it into Spanish for Ramirez-Chilel. Thus, Guillan contends that Ramirez-Chilel voluntarily waived his Miranda rights and made a post-arrest statement. In the written statement, Ramirez-Chilel stated: “I bought the typewriter and the laminator from Office Depot in February, 1999. Jorge Martinez left me the counterfeits, for $800, because I thought it was good work for me.” Ramirez-Chilel contends that after being arrested and taken to the sheriffs office, Guillan threatened to deport, kill, or send him to an island if he did not sign the confession, so he signed it. [5]
During the suppression hearing, the magistrate judge, faced with a fundamental credibility question, reviewed the testimony of each witness and made the following factual findings: (1) Ramirez-Chilel answered the door and consented to the officers’ entry into his home; (2) Ramirez-Chilel voluntarily consented to the search of his home; and (3) Ramirez-Chilel voluntarily waived his Miranda rights and gave an admissible written statement.
The magistrate judge noted that the “motion boils down to essentially an issue of credibility.” The magistrate judge focused on whether or not any threats of deportation and death were made — Pineda did not testify to hearing any threats and Guillan denied that threats were made. The magistrate judge also noted that both Pineda and Ramirez-Chilel were personally interested in suppressing the evidence, and that the officers did not have any vested interest in the case. Hyde did not work for the INS or any INS task force and was involved only to assist in locating the residence. Thus, the magistrate judge found the corroborating, consistent testimony of the officers more credible than that of the defendant and Pineda.
Next, the magistrate judge found Ramirez-Chileks act of allowing the officers to enter by opening the door and stepping aside to be “properly interpreted by the law enforcement officers as consent to enter the trailer.” After finding consent to enter the house, the magistrate judge then found voluntary consent to search because Guillan “meticulously read and re-read” the consent to search form, and Ramirez-Chilel signed it and later admitted to consenting to the search. The magistrate judge, rejecting Ramirez-Chilel’s claims that threats were made, also found Ramirez-Chilel’s written statement at the sheriffs office to be admissible because his Miranda rights were “meticulously read and re-read to the Defendant along with the questions and his responses” contained in the statement.
In light of these credibility determinations, the magistrate judge found no basis for suppressing either the physical evidence or the written statement. The district court, after specifically noting the magistrate judge’s credibility determinations, adopted the report and recommendation. After a trial, the jury found Ramirez-Chilel guilty on both counts, and the district court sentenced him to forty-one months of imprisonment for each count to be served concurrently.
STANDARD OF REVIEW
A district court’s ruling on a motion to suppress presents mixed questions[*749] of law and fact. United States v. Santa, 236 F.3d 662, 668 (11th Cir.2000). “We are required to accept the district court’s factual findings as true” unless they are clearly erroneous, but the district court’s application of the law to the facts is reviewed de novo. Id.
DISCUSSION
I.
Credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of witnesses. Viehman v. Schweiker, 679 F.2d 223, 227-28 (11th Cir.1982). In fact, in a case such as this one, where the officers’ testimonies are in direct conflict with Ramirez-Chilel’s and Pineda’s testimonies, various courts have held that a “trial judge’s ... choice of whom to believe is conclusive on the appellate court unless the judge credits exceedingly improbable testimony.” United States v. Cardona-Rivera, 904 F.2d 1149, 1152 (7th Cir.1990); see also United States v. Cooke, 915 F.2d 250, 252 (6th Cir.1990) (“An effort must be made to demonstrate why the trial court’s conclusion is clearly erroneous. On appeal all we have is the cold record, and we accord considerable deference to the credibility findings of the trial court.”). “In other words, [w]e must accept the evidence unless it is contrary to the laws of nature, or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.” United States v. Eddy, 8 F.3d 577, 580 (7th Cir.1993).
Therefore, in evaluating the factual version of events between the law enforcement officers and Ramirez-Chilel, we should defer to the magistrate judge’s determinations unless his understanding of the facts appears to be “unbelievable.” See United States v. Rivera, 775 F.2d 1559, 1561 (11th Cir.1985) (holding that a jury’s decision as to the credibility of a witness would not be disturbed on appeal unless the witness’s testimony was unbelievable on its face). In this case, it is reasonable to assume that Guillan and Hyde’s version of the facts is true — that Ramirez-Chilel answered the door and voluntarily consented to the search.
Ramirez-Chilel argues that the district court’s credibility determination is based upon an improper “credit law enforcement in case of conflict” rule and relies upon Gallego v. United States, 174 F.3d 1196 (11th Cir.1999), to support his contention. In Gallego, an incarcerated defendant filed a motion to vacate his conviction under 28 U.S.C. § 2255, arguing ineffective assistance of counsel. Id. at 1197. An eviden-tiary hearing was held to determine whether Gallego was informed by his attorney of his right to testify at trial. Id. The district court found that Gallego was not credible and held that “as a matter of law [a] defendant could not carry his burden without presenting some evidence in addition to his own word, which is contrary to counsel’s.” Id. at 1198. On appeal, we rejected the district court’s ruling that an interested attorney (accused of providing ineffective assistance) is automatically considered to be more credible than an interested defendant (seeking vacation of his sentence). Id. Instead, we require district courts to conduct a proper credibility determination, which includes looking to “the internal consistency of the [witness’s] testimony, or his candor or demeanor on the stand.” Id.
Ramirez-Chilel argues that the magistrate judge did not conduct a proper credibility determination, as laid out in Gallego, but rather credited the law enforcement officers with the truth simply because they were government agents.[*750] However, after reading the magistrate judge’s report and recommendation, it appears as if the magistrate judge did not base his credibility determination solely on the “status” of the witnesses, but rather weighed the testimonies of all the witnesses, taking into account the interests of the witnesses, the consistencies or inconsistencies in their testimonies, and their demeanor on the stand. The report explains why the magistrate judge chose to believe the officers over the defendant; there is nothing in the report that would indicate that the magistrate judge summarily dismissed Ramirez-Chilel’s or his girlfriend’s testimony strictly because he was the defendant and Hyde and Guillan were law enforcement officers. [6] Therefore, we do not find the officers’ testimonies to be improbable and find the court’s credibility determinations to be entitled to deference.
II.
In the alternative, Ramirez-Chilel argues that if we agree with the lower court’s findings of fact, that Ramirez-Chilel himself answered the door, the officers’ entry was still illegal, and thus, the subsequent search of his home was tainted by this illegal entry. [7] Therefore, we must determine whether Ramirez-Chilel’s act of “yielding the right-of-way” constitutes permission for the officers to enter.
[*751] A warrantless entry into a suspect’s home to search the premises is presumed to be unreasonable. United States v. Tobin, 923 F.2d 1506, 1510 (11th Cir.1991) (citing Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980)). A suspect does not consent to a search of his residence when his consent to the entry into his residence is prompted by a show of official authority. Cf. United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986).
In order for us to find that the officers’ entry into Ramirez-Chilel’s home was illegal, the facts must demonstrate that the defendant’s consent to the officers’ entry into his residence was “prompted by a show of official authority,” which overcame his consent to search the premises. Id. In Edmondson, Federal Bureau of Investigation (FBI) agents investigating a bank robbery surrounded Edmondson’s apartment, drew their weapons, and knocked on the door yelling, “FBI. Open the door.” Id. at 1514. “Edmondson opened the door, stepped back, and placed his hands upon his head.” Id. We found that Edmondson’s actions did not amount to consent for agents to enter, rather, the defendant’s actions evidenced “an acquiescence to a show of official authority.” Id. at 1515. Although it is not certain whether Edmondson actually saw the officers’ drawn weapons, the defendant was definitely aware of the fact that a number of FBI agents were at his door and at the bottom of the stairs. Id. We found that the presence of a number of officers tended to “suggest an undertaking which is not entirely dependent on the consent and cooperation of the suspect.” Id.
Here, the facts are distinguishable from Edmondson. In this case, it is hard to find a “show of force” by .the officers — guns were not drawn, nor were a large number of officers surrounding the trailer ready to arrest the suspect. According to the officers, Ramirez-Chilel did not open the door, step back, and place his hands behind his back, which would have suggested intimidation and a show of force on the part of the officers. The defendant “yield[ed] the right-of-way” — this alone does not suggest that he was overwhelmed by a show of official authority. [8]
Ramirez-Chilel also points to United States v. Gonzalez, 71 F.3d 819, 830 (11th Cir.1996) (quoting United States v. Shaibu, [*752] 920 F.2d 1423, 1426 (9th Cir.1990)), in which we agreed with the Ninth Circuit that “it is inappropriate.to ‘sanction[] entry into the home based upon inferred consent.’ ” In Gonzalez, the police officer followed the defendant’s mother into her home when she went in to get a drink of water — we later determined that the mother’s actions could not “be viewed as an adequate implied consent to that warrant-less [entry].” Id. at 829. “[T]he government may not show consent to enter from the defendant’s failure to object to the entry. To do so would be to justify entry by consent and consent by entry. This will not do.” Shaibu, 920 F.2d at 1427.
However, after examining the facts in Gonzalez and comparing them to the case at hand, we can certainly make a distinction between the failure to object when officers follow someone into their home and the act of “yielding the right-of-way” to officers at the person’s front door. Although the officers did not receive any explicit verbal consent from Ramirez-Chi-lel to enter, the officers did receive some sort of implied consent to enter from Ramirez-Chilel’s body language that was not present in Gonzalez.
Therefore, we find the officers’ entry to be legal because we find no official show of force which would have “forced” the defendant to let the officers in, and we also find that Ramirez-Chilel demonstrated his consent to entry by “yielding the right-of-way” for the officers to enter.
III.
After finding that the officers’ entry was legal, we now need only determine whether Ramirez-Chilel voluntarily gave his consent for the officers to search the premises. [9]
According to United States v. Robinson, 625 F.2d 1211, 1218 (5th Cir.1980), “[t]he question of voluntariness is one of fact to be determined from the totality of the circumstances, and the trial court’s volun-tariness determination must not be reversed on appeal unless clearly erroneous.” [10] In determining the voluntariness of a defendant’s consent, we stated in Gonzalez that a court must look at several factors, which include whether the defendant was “free to leave,” whether there was “coercive police procedure,” “the extent of [the] defendant’s cooperation or awareness of a [right to] refuse to consent,” “whether [the defendant] could refuse to consent,” the extent of the defendant’s “education and intelligence,” and the defendant’s “belief that no incriminating evidence would be found.” 71 F.3d at 830-31.
The facts in this case lead us to believe that Ramirez-Chilel’s consent to search was voluntary — according to the officers’ testimonies, Ramirez-Chilel was free to walk around his residence at all times, Agent Guillan spent over thirty minutes with the defendant, translating and reading the consent to search form before Ramirez-Chilel signed it, Ramirez-Chilel appeared to understand that he could refuse[*753] to consent (Guillan put a check mark next to each paragraph of the form which explained his right to refuse to consent), and, most importantly, Ramirez-Chilel himself admitted during the suppression hearing to consenting to the search because he knew he did not have any guns or “bad things” in the trailer.
Therefore, we find from the totality of the circumstances that Ramirez-Chilers consent to the officers’ search of his residence was voluntary, and therefore the motion to suppress all physical evidence found in his home that night was appropriately denied.
Finally, we need not examine whether the post-arrest statement was tainted as fruits of an initial illegality because we find no initial illegality, whether it be the initial entry or the ensuing search. We therefore affirm the district court’s decision to deny the defendant’s motion to suppress.
AFFIRMED.
. There is some mention in the trial transcripts of a Sergeant Brooks and a Detective Dean of the St. Lucie County Sheriff’s Office who may have assisted the four law enforcement officers in locating the defendant's residence. It is unclear from the record, however, whether either officer actually entered Ramirez-Chilel's residence that night.
. Guillan was the only officer who spoke and understood Spanish; Guillan testified that he explained to Ramirez-Chilel that they were at his home in response to an allegation of identification counterfeiting.
. After entering the house, Guillan again explained why they were there and that they were seeking his voluntary consent to search the premises. Guillan asked the defendant if there were any false documents or other contraband in the residence including drugs or guns, and Ramirez-Chilel responded that there was not any of those "bad things” in the residence. Guillan then took out an INS consent to search form and spent more than thirty minutes translating and going over the consent to search form in Spanish, putting a check mark after he covered each paragraph, including the paragraphs instructing the defendant that he could refuse to consent to the search. Hyde and Guillan testified that the search did not begin until after Ramirez-Chi-lel signed the consent to search form. Guil-lan also testified that all of the persons in the trailer, the defendant, his girlfriend, and the two small children, were free to leave, move about, and were not restrained in any fashion.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. Ramirez-Chilel’s testimony at the suppression hearing differs from his testimony at trial. At trial, Ramirez-Chilel claimed that Guillan threatened him into signing the consent to search form and that the officers drew their weapons inside his home. We may consider this evidence because we may consider any evidence and are "not limited to the evidence introduced [at] the hearing on the motion.” United States v. Villabona-Garnica, 63 F.3d 1051, 1056 (11th Cir.1995).
. Ramirez-Chilel points to statements the magistrate judge made in his report and recommendation, such as “Why would Detective Hyde commit peijury and state that the Defendant opened the door if, in fact, the Defendant did not?” and "The Defendant has an obvious interest in the outcome of this case which would be readily apparent, i.e., a conviction may result in a lengthy prison sentence,” to suggest that the magistrate judge is inherently biased in favor of law enforcement officers and against criminal defendants. These statements, when taken out of context, appear to support the defense's contention that the magistrate judge made his credibility determinations based upon the witnesses’ status rather than upon the testimony itself, which may raise questions of bias and prejudice. See United States v. Ramos, 933 F.2d 968, 973 (11th Cir.1991) (per curiam). However, in order to amount to reversible error, a judge’s remarks must demonstrate such pervasive bias and unfairness that they prejudice one of the parties in the case. Id. We do not have that here. In fact, the record indicates that the magistrate judge’s "statements were intended as a credibility finding.” The court’s credibility ruling, though adverse to Ramirez-Chilel, does not indicate pervasive bias. Id. at 973 & n. 2. (finding that although the district judge's choice of words was poor, the comments the judge made suggesting that he would believe government agents over "a couple of drug dealers” did not indicate pervasive bias and fundamental unfairness); see United States v. Mirkin, 649 F.2d 78, 82 (1st Cir.1981) ("Making credibility assessments is daily grist for a trial judge. In any case or proceeding in which the defendant testifies, the judge, almost as a reflex process, will form an opinion about the defendant’s credibility. Such determination should not, of course, be based on bias or prejudice, but prejudice does not inevitably arise as a result of forming a credibility opinion.”).
. The government argues that Ramirez-Chilel failed to preserve this illegal entry issue for purposes of appeal because the defendant has consistently argued that the four-year-old boy opened the door and has never, until now, alternatively argued that if Ramirez-Chilel opened the door, the officers’ entry would still be illegal. However, the record demonstrates that during pretrial proceedings before the district court on July 31, 2000, Ramirez-Chi-lel's attorney objected to the adopted report and recommendation issued by the magistrate judge, and thereby preserved the objection for appellate purposes. It is important to note, though, that because the defendant never testified that he opened the door to the officers, we must base our decision today solely upon the officers' testimonies as to what happened at the defendant’s door that night. For example, we have no knowledge as to whether Ramirez-Chilel might have felt intimidated at the door when the officers arrived or whether he feels he ”yield[ed] the right-of-way” or the agents "forced” their way in.
. We have some concern about the officers' decision in this instance to approach the defendant’s home and seek his consent at midnight. The magistrate judge also expressed his concerns in his report and recommendation about why it was necessary for this search to occur at 11:45 p.m. Nighttime searches are deemed to be more intrusive than daytime searches, and the assemblage of law enforcement officers at one's door in the middle of the night has a tendency to be more coercive than during the day. See United States v. Jerez, 108 F.3d 684, 690-92 (7th Cir.1997) (Where the officers roused the defendants from their beds in a motel in the middle of the night by knocking on the door for three minutes, shined a flashlight through the window, and requested that they open the door, the defendants were "seized” as a reasonable person in their situation would not have felt free to ignore the deputies and continue about their business.); Fontenot v. Cormier, 56 F.3d 669, 675 (5th Cir.1995) (The deputies’ conduct in abruptly awakening the defendant in the middle of the night to ask if they could enter the residence and refusal to leave the residence thereafter constituted a "show of authority” that was unreasonable.); Harless v. Turner, 456 F.2d 1337, 1338-39 (10th Cir.1972) (per curiam) (No legally effective consent was given after a number of sheriff’s deputies invaded the defendant’s home in the middle of the night and forced the defendant and his wife out of bed.). That being said, however, we find that based upon the totality of the circumstances here, the fact that the search occurred at midnight does not by itself negate the voluntariness of Ramirez-Chilel’s consent to search.
. Typically, if the ensuing search occurs after an initial illegality, such as an illegal entry or an illegal arrest, we must first determine whether the consent to search was voluntary and then, whether the consent was tainted by the initial illegality. Santa, 236 F.3d at 676; United States v. Robinson, 625 F.2d 1211, 1219 (5th Cir.1980). In this case, the initial entry was determined to be legal, and therefore we need only address whether Ramirez-Chilel’s subsequent consent to search was voluntary.
. In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), the Eleventh Circuit adopted as binding precedent all Fifth Circuit decisions handed down prior to the close of business on September 30, 1981.