Is consent withdrawn if a suspect who has given consent to search his car's trunk decides not to cooperate with the police?

California, United States of America


The following excerpt is from People v. Hamilton, 168 Cal.App.3d 1058, 214 Cal.Rptr. 596 (Cal. App. 1985):

"Although actions inconsistent with consent may act as a withdrawal of it, these actions, if they are to be so construed, must be positive in nature. Thus, if a suspect who has given consent to search his car's trunk throws the key in some bushes, his consent is withdrawn [citation]. Similarly, if a search is agreed to, but the suspect later refuses [168 Cal.App.3d 1068] to cooperate with the police, there is no consent [citation]." (People v. Botos, supra, 27 Cal.App.3d at p. 779, 104 Cal.Rptr. 193.)

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