California, United States of America
The following excerpt is from People v. Hernandez, G047223 (Cal. App. 2013):
Hernandez cites the following seven factors to be considered in determining when consent is voluntary: (1) physical domination of the defendant; (2) implied threats; (3) lack of a specific statement that consent can be withheld; (4) presence or absence of a consent form; (5) whether Miranda (Miranda v. Arizona (1966) 384 U.S. 436) warnings were given; (6) physical acquiescence without a verbal response; and, (7) the defendant's age, education, intelligence, and knowledge of the law.
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