Is a warrantless search of a person's home illegal unless the person consents to the search?
California, United States of America
The following excerpt is from Anderson v. Superior Court, 206 Cal.App.3d 533, 253 Cal.Rptr. 651 (Cal. App. 1988):
A warrantless search of a person's residence is illegal unless the person consents to the search. Permission to search does not constitute consent if it is involuntarily given, such as when it results from an assertion of official authority. The People have the burden of showing that "... the defendant's manifestion of consent was the product of his free will and not a mere submission to an express or implied assertion of authority.... The voluntariness of the consent is in every case 'a question of fact to be determined in the light of all the circumstances.' " (People v. James (1977) 19 Cal.3d 99, 106, 137 Cal.Rptr. 447, 561 P.2d 1135, fn. omitted.)
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