What are the consequences of defendant's error claims of error in making a consent entry into the bedroom?

California, United States of America


The following excerpt is from People v. Armenta, 22 Cal.App.3d 823, 99 Cal.Rptr. 736 (Cal. App. 1972):

3 While sticking to our decision not to discuss defendant's first two claims of error, it seems obvious that most of the articles seized in the apartment were found after a consent entry into the bedroom where or from where they were in plain sight. The only argument in favor of suppression which defendant is able to make is a request that we overrule the innumerable California cases which have held that a consent is valid even if not preceded by advice that the consent may be refused. (People v. Thomas, 12 Cal.App.3d 1102, 1107, fn. 1, 91 Cal.Rptr. 867.)

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