Can consent be implied from a search of a vehicle's trunk?

California, United States of America


The following excerpt is from People v. Nelson, 166 Cal.App.3d 1209, 212 Cal.Rptr. 799 (Cal. App. 1985):

Although consent cannot be implied from defendant's mere failure to object to a search (People v. Superior Court (Arketa) (1970) 10 Cal.App.3d 122, 127, 89 Cal.Rptr. 316), his conduct as to his consent to search of the trunk was equivocal and the evidence of the owner's consent is sufficient to validate the search.

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