California, United States of America
The following excerpt is from People v. Santos-Garcia, G050941 (Cal. App. 2016):
submission to an express or implied assertion of authority. [Citation.]' [Citation.] Consent that is the product of an illegal detention is not voluntary and is ineffective to justify a search or seizure. [Citations.] Where an illegal detention occurs, unless 'subsequent events adequately dispel the coercive taint of the initial illegality, i.e., where there is no longer causality, the subsequent consent is' ineffective." (People v. Zamudio (2008) 43 Cal.4th 327, 341.) The People do not contend that, assuming the detention was illegal, the taint of that illegality was subsequently dispelled. Rather, the People simply contend the initial detention was legal.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.