What is the legal test for the purpose of obtaining consent to search a person's home?

MultiRegion, United States of America

The following excerpt is from US v. Shaibu, 920 F.2d 1423 (9th Cir. 1990):

Judicial concern to protect the sanctity of the home is so elevated that free and voluntary consent cannot be found by a showing of mere acquiescence to a claim of lawful authority. Bumper v. North Carolina, 391 U.S. at 548-49, 88 S.Ct. at 1791-92. In examining whether a person's invitation to the police "to go right ahead and search the whole place," could, in context, be considered effective consent, this court established the following burden for the government:

United States v. Page, 302 F.2d 81, 83-84 (9th Cir.1962) (footnotes omitted).

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