The following excerpt is from United States v. Johnson, 875 F.3d 1265 (9th Cir. 2017):
We review a district court's factual determination of valid consent to a search for clear error. United States v. Washington , 490 F.3d 765, 769 (9th Cir. 2007). The government bears "the burden of proving that the consent was, in fact, freely and voluntarily given." Bumper v. North Carolina , 391 U.S. 543, 548, 88 S.Ct. 1788, 20 L.Ed.2d 797 (1968). "Whether consent to search was voluntarily given or not is to be determined from the totality of all the circumstances. " United States v. Chan-Jimenez , 125 F.3d 1324, 1327 (9th Cir. 1997) (quoting Schneckloth v. Bustamonte , 412 U.S. 218, 227, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973) ). We consider five factors
[875 F.3d 1277]
to assess whether consent was voluntary:
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