What evidence supports the finding that a defendant consented to a search of his car by police officers?

California, United States of America


The following excerpt is from People v. Ratliff, 224 Cal.Rptr. 705, 41 Cal.3d 675, 715 P.2d 665 (Cal. 1986):

Finally, although defendant's father testified that one of the officers had threatened to secure a search warrant and break into the trunk unless defendant consented to a search, the trial court was entitled to disbelieve this testimony in favor of the officer's testimony that defendant freely consented to the search upon being asked whether or not he objected thereto. (See People v. Duren (1973) 9 Cal.3d 218, 233-234, 107 Cal.Rptr. 157, 507 P.2d 1365.) The trial court was also entitled to conclude that even if such a "threat" was made, it merely amounted to a declaration of the officers' legal remedies should defendant refuse to cooperate. (See People v. Ruster (1976) 16 Cal.3d 690, 699-701, 129 Cal.Rptr. 153, 548 P.2d 353.) We conclude that substantial evidence supports the trial court's finding that defendant voluntarily consented to the search of his car.

2. Probable Cause

In light of our conclusion that defendant voluntarily consented to the initial search of his car, we do not consider the People's alternative theory that this search was supported by the officers' probable cause to believe that the car contained contraband or other seizable evidence. (See People v. Superior Court (Valdez) (1983) 35 Cal.3d 11, 15-16, 196 Cal.Rptr. 359, 671 P.2d 863.)

3. Second Car Search

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