Does a search within the boundaries of the consent of a police community support officer (police constable) violate the consent granted by the Superior Court?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lopez Diaz, 630 F.2d 661 (9th Cir. 1980):
Whether the search remained within the boundaries of the consent is a question of fact to be determined on the basis of the totality of the circumstances. The trial judge's factual findings will be overturned only if clearly erroneous. United States v. Sierra-Hernandez, 581 F.2d 760, 764 (9th Cir.), cert. denied, 439 U.S. 936, 99 S.Ct. 333, 58 L.Ed.2d 333 (1978).
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