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. Veiga, 214 Cal.App.3d 817, 262 Cal.Rptr. 919 (Cal. App. 1989):

A valid consent to enter and search eliminates the need for either a warrant or probable cause. (People v. Reed (1967) 252 Cal.App.2d 994, 995, 61 Cal.Rptr. 60; People v. Wilcox (1969) 276 Cal.App.2d 414, 416, 81 Cal.Rptr. 60; Vandenberg v. Superior Court (1970) 8 Cal.App.3d 1048, 1053, 87 Cal.Rptr. 876.) A search based upon consent is lawful if, from the facts presented to the officer, he reasonably believed the occupant of the premises had authority to,

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