What is the test for consent under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Escobargodinez, E071824 (Cal. App. 2020):

"A consensual search may not exceed the scope of the consent given. [Citations.]" (People v. Superior Court (Chapman) (2012) 204 Cal.App.4th 1004, 1012.) "'The standard for measuring the scope of a suspect's consent under the Fourth Amendment is that of "objective" reasonableness what would the typical reasonable person have understood by the exchange between the officer and the suspect?' [Citation.] 'Whether the search remained within the boundaries of the consent is a question of fact to be determined from the totality of the circumstances. [Citation.] Unless clearly erroneous,

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we uphold the trial court's determination.' [Citations.]" (People v. Tully (2012) 54 Cal.4th 952, 983-984.)

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