What is the test for obtaining consent to search a person's home?
California, United States of America
The following excerpt is from People v. Galvan, H033280 (Cal. App. 7/2/2009), H033280. (Cal. App. 2009):
"The Fourth Amendment generally prohibits the warrantless entry of a person's home, whether to make an arrest or to search for specific objects. [Citations.] The prohibition does not apply, however, to situations in which voluntary consent has been obtained, either from the individual whose property is searched [citation], or from a third party who possesses common authority over the premises." (Illinois v. Rodriguez (1990) 497 U.S. 177, 181.)
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