What is the test for determining whether consent is voluntary?

California, United States of America


The following excerpt is from People v. Rice, 259 Cal.App.2d 399, 66 Cal.Rptr. 246 (Cal. App. 1968):

In People v. Hickens, 165 Cal.App.2d 364, 368, 331 P.2d 796, it is stated that the extent of the consent is a question of fact for the trial court, just as the voluntary nature of the consent is such a question.

People v. Gorg, 45 Cal.2d 776, 782--783, 291 P.2d 469, 472, cited in support of that proposition, states:

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