What is the burden of proving consent to search?

California, United States of America


The following excerpt is from The People v. Guilford, B219575, No. BA357801 (Cal. App. 2010):

supra, at p. 973.) Whether consent was given voluntarily or was the product of coercion on the part of the searching officers is a question of fact to be determined from the totality of the circumstances. (Ibid.; People v. Shandloff (1985) 170 Cal.App.3d 372, 383.) The People have the burden of proving that a defendant's manifestation of consent was the product of his free will and not the submission to an express or implied assertion of authority. (People v. Shandloff, supra, 170 Cal.App.3d at p. 383.)

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