Does consent to search need to be interpreted as a question of fact rather than as a matter of fact?
MultiRegion, United States of America
The following excerpt is from U.S. v. Agia, 963 F.2d 380 (9th Cir. 1992):
Whether consent to search was given voluntarily is a question of fact we review under the clearly erroneous standard. United States v. Castillo, 866 F.2d 1071, 1082 (9th Cir.1988). Whether consent was voluntary is determined from the totality of the circumstances. Schneckloth v. Bustamonte, 412 U.S. 218, 227 (1973).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
What is the test for a search warrant valid when the search warrant was signed only after the search party had presented its supporting facts? (MultiRegion, United States of America)
Does the fact that defendant was not advised of his right to refuse to consent to search his locker lead to a finding of voluntary consent? ("New York", United States of America)
Can a search warrant be used to search a bathroom in the course of a warrantless search triggered by screams? (MultiRegion, United States of America)
When a consent to search has been given by a person in custody, is that consent valid? (MultiRegion, United States of America)
What is the test for establishing that a search conducted during search procedures during search and seizure was an intervening and superseding cause of criminal conviction? (MultiRegion, United States of America)
What is the test for qualified immunity in the context of a search of a home during which a police search resulted in a search warrant being issued for a drug dealer's home? (MultiRegion, United States of America)
What authority does a third party have to consent to a search warrantless search? (MultiRegion, United States of America)
If an individual unequivocally, freely and intelligently gives consent to a search of his person, is that consent a violation of his constitutional right? (MultiRegion, United States of America)
What is the test for determining whether a federal judge has jurisdiction to interpret a statutory interpretation in a federal civil matter? (MultiRegion, United States of America)
