What is the test for obtaining consent to search a person in a search warrant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hughes, 132 F.3d 41 (9th Cir. 1997):

The government must demonstrate that the defendant's consent was voluntary based upon the totality of the circumstances. United States v. Spires, 3 F.3d 1234, 1237 (9th Cir.1993). "Mere acquiescence to lawful authority is insufficient." Id. Some of the factors to be weighed include: (l) whether the person was in custody; (2) whether the agents had their guns drawn; (3) whether Miranda warnings were given; (4) whether the defendant was told that she had the right not to consent; (5) whether she was told a search warrant could be obtained; and (6) the defendant's belief as to the likelihood that contraband will be discovered. Id.

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