In asking for consent to search, does the officer need to advise the suspect of the right to refuse consent?
California, United States of America
The following excerpt is from People v. English, F064895 (Cal. App. 2014):
In asking for consent to search, officers are not required to advise the suspect of the right to refuse consent. (United States v. Drayton (2002) 536 U.S. 194, 206-207.) " 'The mere asking of permission to ... make a search carries with it the implication that the person can withhold permission for such an entry or search.' [Citations.]" (People v. James (1977) 19 Cal.3d 99, 116.)
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