What is the test for obtaining consent for a search of an apartment?

California, United States of America


The following excerpt is from Tamborino v. Superior Court (People), 160 Cal.App.3d 656, 207 Cal.Rptr. 9 (Cal. App. 1984):

Applying these principles, we conclude the consent of each petitioner "is extricably bound up with the illegal conduct and cannot be segregated therefrom." (People v. Haven (1963) 59 Cal.2d 713, 719, 31 Cal.Rptr. 47, 381 P.2d 927.) Although the time frames in the present case are not crystal clear in the record, no more than an hour or two at most elapsed from the onset of the detention of each petitioner and his consent to search. Each was under uninterrupted detention prior to the consent. Both initially refused to consent to a search of the apartment.

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