Can a defendant refuse consent for police to search an apartment?

California, United States of America


The following excerpt is from People v. Allen, 109 Cal.App.3d 981, 167 Cal.Rptr. 502 (Cal. App. 1980):

1 People v. Wetzel (1974) 11 Cal.3d 104, 113 Cal.Rptr. 32, 520 P.2d 416, cited by appellant, is not in point. There a person was arrested for violating Penal Code section 148 when the only conduct on the part of the defendant was a refusal to give consent for officers to enter and search an apartment. (Id., at p. 109, 113 Cal.Rptr. 32, 520 P.2d 416.) The case at bench is distinguishable because appellant actively impeded an officer in the performance of his duty. The defendant in Wetzel could refuse consent but could not impede entry. Appellant could refuse to cooperate, but could not run and hide.

* Modified 27 Cal.3d 144a, 165 Cal.Rptr. 280, 611 P.2d 874.

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