Can a court make a finding that consent to a search was voluntary?

California, United States of America


The following excerpt is from People v. Childs, 4 Cal.App.3d 702, 84 Cal.Rptr. 378 (Cal. App. 1970):

The trial court made an implied finding that the consent to the search was voluntary. This finding can be made on the basis of Officer Cox's testimony. Under long established rules, that finding is binding on this court. 'A reviewing court cannot reject the testimony of a witness that has been believed by the trier of fact unless there exists either a physical impossibility that it is true or its falsity is apparent without resorting to inferences or deductions.' (People v. Hrisoulas, 251 Cal.App.2d 791, 796, 60 Cal.Rptr. 80, 84.)

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