If the police violate a defendant's Fourth Amendment rights before obtaining consent, can the evidence obtained as a result of the search be suppressed?

California, United States of America


The following excerpt is from People v. Montes, B213485 (Cal. App. 9/29/2009), B213485 (Cal. App. 2009):

If the police violate a defendant's Fourth Amendment rights before obtaining consent, any evidence obtained as a result of the search is admissible only if the prosecution shows that there was sufficient attenuation to render the consent voluntary. Appellant argues there was insufficient attenuation here, which leads to an involuntary consent. (See People v. Henderson (1990) 220 Cal.App.3d 1632, 1651.) Therefore, the fruits of the search following appellant's consent should have been suppressed.

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