Does consent to search need to be interpreted as a question of fact rather than as a matter of fact?
MultiRegion, United States of America
The following excerpt is from U.S. v. Agia, 963 F.2d 380 (9th Cir. 1992):
Whether consent to search was given voluntarily is a question of fact we review under the clearly erroneous standard. United States v. Castillo, 866 F.2d 1071, 1082 (9th Cir.1988). Whether consent was voluntary is determined from the totality of the circumstances. Schneckloth v. Bustamonte, 412 U.S. 218, 227 (1973).
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