How have the courts interpreted consent in determining whether a defendant's consent was coerced?

California, United States of America


The following excerpt is from The People v. Means, E049292, No. FSB805109 (Cal. App. 2010):

initially refused to allow the officers into the apartment. Based on the nature of defendant's detention, defendant's consent was not coerced. The duration of defendant's detention was brief. The detention was not overly intrusive. There was no evidence that the officers asserted any unnecessary coercion or force upon defendant to obtain his consent. Moreover, there was no evidence that the officers drew their weapons or that they used deceptive practices to obtain defendant's consent. Although defendant was handcuffed, this fact is not dispositive. (Schneckloth v. Bustamonte, supra, 412 U.S. at pp. 227-234.)

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