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

Consent is an exception to the constitutional requirement of a warrant. (People v. Woods (1999) 21 Cal.4th 668, 674.) "Where, as here, the prosecution relies on consent to justify a warrantless search or seizure, it bears the 'burden of proving that the defendant's manifestation of consent was the product of his free will and not a mere submission to an express or implied assertion of authority. [Citation.]' [Citation.]" (People v. Zamudio (2008) 43 Cal.4th 327, 341.) When consent to search is given during an illegal detention, evidence obtained as a result of the consent search is subject to suppression. (Florida v. Royer (1983) 460 U.S. 491, 501 [where initial detention violated the Fourth Amendment, defendant's "consent was... tainted by the illegality," and evidence obtained as a result of the consent search should have been excluded]; People v. Zamudio, supra, at p. 341 ["Consent that is the product of an illegal detention is not voluntary and is ineffective to justify a search or seizure"].)

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