Does a police officer have to inform a citizen of a right of refusal in order to obtain consent?

California, United States of America


The following excerpt is from D.M.G., In re, 120 Cal.App.3d 218, 174 Cal.Rptr. 557 (Cal. App. 1981):

6 We note that although the car was stolen respondent nevertheless does not raise the issue of whether D.M.G. lacks standing to raise the Fourth Amendment claim. (See People v. Hackett (1981) 115 Cal.App.3d 592, 171 Cal.Rptr. 320.)

7 Although Ming testified that Pam was approximately 13 to 17 years old, we know of no cases which require an officer to inform a citizen of a right of refusal in order to have a valid consent. (People v. James (1977) 19 Cal.3d 99, 115, 118, 137 Cal.Rptr. 447, 561 P.2d 1135.)

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