California, United States of America
The following excerpt is from Joe R., In re, 165 Cal.Rptr. 837, 27 Cal.3d 496, 612 P.2d 927 (Cal. 1980):
She testified that five or six officers entered the house unannounced with drawn guns, conducted a search, and asked her to sign the written consent only after their search was virtually complete. She stated she signed because she was afraid. An officer, however, testified that he was one of five who went to the house to arrest the minor, whom they believed to be armed and dangerous. Two went to the rear to prevent an escape. The others knocked on the front door; the mother answered; and they announced their purpose, entered, and went through the house looking for the minor. They obtained her written consent only after explaining her right to refuse and before searching for evidence. Accepting that officer's testimony, the trial court properly found the consent to be voluntary. (People v. James (1977) 19 Cal.3d 99, 137 Cal.Rptr. 447, 561 P.2d 1135.)
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.