What is the legal test for consent in the context of a search warrant application?
California, United States of America
The following excerpt is from People v. MacIntosh, 264 Cal.App.2d 701, 70 Cal.Rptr. 667 (Cal. App. 1968):
'When a prosecutor seeks to rely upon consent to justify the lawfulness of a search, he has the burden of proving that the consent was, in fact, freely and voluntarily given. This burden cannot be discharged by showing no more than acquiescence to a claim of lawful authority.' (Bumper v. State of North Carolina (1968) 391 U.S. 543, 88 S.Ct. 1788, 1792, 20 L.Ed.2d 797, 802.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a search warrant application, what is the test for determining whether a search can be conducted in search warrants? (California, United States of America)
What is the test for a search warrant issued by a police officer in the context of search warrant application? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Can a search warrant be used to search for and seize items beyond the scope of the search warrant? (California, United States of America)
Can a search warrant be used to search defendant's home after he consented to the search? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
Can deliberate omissions of material facts from an affidavit for a search warrant be used as evidence in the search warrant application? (California, United States of America)
