What is the burden of proving consent when a search warrant is sought for search and seizure?
California, United States of America
The following excerpt is from People v. Lara, E058858 (Cal. App. 2014):
"Where, as here, the prosecution relies on consent to justify a warrantless search or seizure, it bears the 'burden of proving that the defendant's manifestation of consent was the product of his free will and not a mere submission to an express or implied assertion of authority. [Citation.]' [Citation.]" (People v. Zamudio (2008) 43 Cal.4th 327, 341.)
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