What is the test for establishing voluntary consent?
California, United States of America
The following excerpt is from Peopel v. Schoennauer, 103 Cal.App.3d 398, 163 Cal.Rptr. 161 (Cal. App. 1980):
[103 Cal.App.3d 409] "Voluntariness is a question of fact to be determined from all the circumstances, and while the subject's knowledge of a right to refuse is a factor to be taken into account, the prosecution is not required to demonstrate such knowledge as a prerequisite to establishing a voluntary consent." (Schneckloth v. Bustamonte (1973) 412 U.S. 218, 248-249, 93 S.Ct. 2041, 2059, 36 L.Ed.2d 854.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is implied consent sufficient to establish a consent defense to burglary? (California, United States of America)
What is the test for establishing consent for a search based on consent? (California, United States of America)
How have courts interpreted consent in cases involving consent and consent? (California, United States of America)
What is the test for establishing that flight is established? (California, United States of America)
Does consent to search a person's home need to be considered to be voluntary? (California, United States of America)
Is a search of a toolbox search reasonable because the father's consent qualified under the third party-consent exception to warrant requirements? (California, United States of America)
In the absence of a decision by the California Supreme Court on the issue of consent for searches and seizures, what is the effect of the consent process in the context of this issue? (California, United States of America)
Is consent not voluntary or ineffective to justify a search or seizure? (California, United States of America)
What is the legal test for establishing whether a confession was voluntary? (California, United States of America)
What is the test for determining whether a defendant's consent was voluntary? (California, United States of America)
