California, United States of America
The following excerpt is from People v. Blanton, 15 Cal.Rptr. 568, 195 Cal.App.2d 278 (Cal. App. 1961):
[195 Cal.App.2d 281] The testimony of the officers is specific that he gave them permission to enter the apartment and to make a search of it. Whether or not appellant's consent was free and voluntary was a question of fact for the trial court. People v. Gorg, 45 Cal.2d 776, 782, 291 P.2d 469. Further, 'the fact that a police officer is the person seeking to search the premises does not, in and of itself, render consent to the entry and search involuntary.' People v. Ransome, 180 Cal.App.2d 140, 146, 4 Cal.Rptr. 347, 351. Implicit in the court's judgment is the finding that appellant freely and voluntarily consented to the search. There is no basis for this court to upset this implied finding.
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