What is the test for obtaining a consent to search without a warrant?

evidence. The question of whether the search was unreasonable, however, is a question of law. "On that issue, we exercise 'independent judgment.' [Citations.] Because the officers lacked a warrant, the People bore the burden of establishing either that no search occurred, or that the search undertaken by the officers was justified by some exception to the warrant requirement." (People v. Camacho (2000) 23 Cal.4th 824, 830.)

In this case, the officers searched defendant's residence without a warrant, claiming consent as an exception to the warrant requirement. In order to establish the validity of a consent to search, the government bears a heavy burden of demonstrating that consent to search was freely and voluntarily given. (Schneckloth v. Bustamonte (1973) 412 U.S. 218, 222.) Whether consent to search has been voluntarily given is to be determined from the totality of all the circumstances. (Id. at p. 227.)