Can consent to search be obtained and subsequently withdrawn?

California, United States of America


The following excerpt is from Christopher B., In re, 147 Cal.Rptr. 390, 82 Cal.App.3d 608 (Cal. App. 1978):

In People v. Martinez (1968) 259 Cal.App.2d Supp. 943, 945, 65 Cal.Rptr. 920, the court said consent to search may be limited in scope and, once given, may be subsequently withdrawn. The court noted a similarity here with the right to counsel issue in Miranda cases. Since the right to counsel may be waived, and the waiver withdrawn subsequently, the consent to search may be given and subsequently withdrawn. (Id., at pp. 945-946, 65 Cal.Rptr. 920.)

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