Does a person's status of being under arrest or in custody vitiate their consent?
California, United States of America
The following excerpt is from People v. Valenzuela, 28 Cal.App.4th 817, 33 Cal.Rptr.2d 802 (Cal. App. 1994):
[28 Cal.App.4th 832] The People merely argue that, because a person's status of being under arrest or in custody does not, in itself, vitiate a voluntary consent (see People v. James (1977) 19 Cal.3d 99, 137 Cal.Rptr. 447, 561 P.2d 1135), defendant's consent here was voluntary. We disagree.
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