What is the test for obtaining consent for search and seizure purposes?

California, United States of America


The following excerpt is from People v. Quintanilla, F072435 (Cal. App. 2017):

Consent is an exception to the warrant requirement. (People v. Harris (2015) 234 Cal.App.4th 671, 685.) "Where '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.] Whether consent was voluntarily given is a question of fact, which depends on the 'totality of the circumstances' of the

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