What constitutes coercion when a search warrant is used to search a motorist's car?

California, United States of America


The following excerpt is from People v. Mason, 214 Cal.Rptr.3d 685, 8 Cal.App.5th Supp. 11 (Cal. Super. 2016):

constitutes coercion; the government cannot be said to have established that the defendant freely and voluntarily consent[ed] to the search when to do otherwise would have meant foregoing the right to travel' "]; see Missouri v. McNeely (2013) 569 U.S. , , 133 S.Ct. 1552, 1565, 185 L.Ed.2d 696 (McNeely ) ["the fact that people are 'accorded less privacy in ... automobiles because of th[e] compelling government need for regulation,' does not diminish a motorist's privacy interest in preventing an agent of the government from piercing his skin"].)

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