What is the standard for measuring consent under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. D.G. (In re D.G.), H041654 (Cal. App. 2015):
" 'The standard for measuring the scope of a suspect's consent under the Fourth Amendment is that of "objective" reasonablenesswhat would the typical reasonable person have understood by the exchange between the officer and the suspect?' (Florida v. Jimeno (1991) 500 U.S. 248, 251.) 'Whether the search remained within the
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boundaries of the consent is a question of fact to be determined from the totality of the circumstances. [Citation.] Unless clearly erroneous, we uphold the trial court's determination.' [Citations.]" (People v. Tully (2012) 54 Cal.4th 952, 983-984.)
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