Is consent not voluntary or ineffective to justify a search or seizure?

California, United States of America


The following excerpt is from People v. Garcia-Rojas, C080441 (Cal. App. 2016):

assertion of authority. [Citations.]' [Citations.] Consent that is the product of an illegal detention is not voluntary and is ineffective to justify a search or seizure." (People v. Zamudio (2008) 43 Cal.4th 327, 341.)

Other Questions


Is consent ineffective to justify a search or seizure? (California, United States of America)
Can a search warrantless search of a car trunk be justified on the basis of probable cause or consent? (California, United States of America)
Is a search of a toolbox search reasonable because the father's consent qualified under the third party-consent exception to warrant requirements? (California, United States of America)
Can a search warrant be used to search defendant's home after he consented to the search? (California, United States of America)
In what circumstances will the exclusionary rule of search and seizure be used to justify a search without a warrant? (California, United States of America)
When a motorist consents to a search, does that consent to search the vehicle? (California, United States of America)
What is the burden of proving consent when a search warrant is sought for search and seizure? (California, United States of America)
In the absence of a decision by the California Supreme Court on the issue of consent for searches and seizures, what is the effect of the consent process in the context of this issue? (California, United States of America)
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest? (California, United States of America)
Can a police officer give reasonable articulable facts justifying his seizure and patdown of a suspect during a search and seizure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.