What is the test for consent to search?
California, United States of America
The following excerpt is from People v. Kay, A145381 (Cal. App. 2018):
"The voluntariness of consent [to a search] is a question of fact to be determined from the totality of circumstances. [Citations.] If the validity of a consent is challenged, the prosecution must prove it was freely and voluntarily giveni.e., 'that it was [not] coerced by threats or force, or granted only in submission to a claim of lawful authority.' " (People v. Boyer (2006) 38 Cal.4th 412, 445-446.)
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