Can consent be sought in search and seizure cases?
California, United States of America
The following excerpt is from People v. Chavez, 208 Cal.App.2d 248, 24 Cal.Rptr. 895 (Cal. App. 1962):
Defendant Rodriguez contends that the question of whether consent was voluntarily given to search his home and seize the illegal narcotics should have been submitted to the jury. There is no merit in this contention. The determination whether a search and seizure was legal or illegal is a question of law for the court. (People v. Gorg, 45 Cal.2d 776, 291 P.2d 469.)
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