What is the test for consent under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Harvey, D068301 (Cal. App. 2016):
Consent is "'one of the specifically established exceptions'" to the Fourth Amendment's warrant requirement. (People v. Woods (1999) 21 Cal.4th 668, 674.) "[W]hether consent was voluntary or was the product of coercion on the part of searching officers is a question of fact to be determined from the totality of circumstances." (People v. Jenkins (2000) 22 Cal.4th 900, 973.)
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