What is the test for establishing consent to search?

California, United States of America


The following excerpt is from People v. Malone, H045453 (Cal. App. 2019):

"To ascertain if the prosecution has met its burden of establishing the consent exception to the warrant requirement, the trial court determines whether an officer's belief that he or she had consent to search is objectively reasonable under the circumstances. [Citation.]" (People v. Lazalde (2004) 120 Cal.App.4th 858, 865.)

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