What is the test for determining whether a defendant's consent was voluntary?
California, United States of America
The following excerpt is from People v. Sparkmon, C053571 (Cal. App. 9/6/2007), C053571 (Cal. App. 2007):
Whether defendant's consent was voluntary requires us to review the totality of circumstances surrounding his consent. (Schneckloth v. Bustamonte, supra, 412 U.S. at pp. 232-233 [36 L.Ed.2d at pp. 865-866].) Courts have identified many factors that may be relevant in determining whether consent was voluntary, including: (1) whether the consenting person was in
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