Does consent to search a person's home need to be considered to be voluntary?

California, United States of America


The following excerpt is from People v. Wilks, 146 Cal.Rptr. 364, 21 Cal.3d 460, 578 P.2d 1369 (Cal. 1978):

Recently, this court held in a similar case that a trial court did not err when it held consent was voluntary. In People v. James (1977) 19 Cal.3d 99, 137 Cal.Rptr. 447, 561 P.2d 1135, four police officers went to an individual's home to arrest him for robbery. When he responded to their knocking, the officers asked him to step outside, arrested him, handcuffed him, and requested permission to search his house. The police did not advise him of his right to refuse to agree to the search. The trial court found that consent was voluntary.

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