What is the burden of proving consent to a warrantless search?
MultiRegion, United States of America
The following excerpt is from U.S. v. Al-Azzawy, 784 F.2d 890 (9th Cir. 1986):
The government has the burden of demonstrating that consent to a warrantless search was voluntary. United States v. Ritter, 752 F.2d 435, 439 (9th Cir.1985). Voluntariness is a question of fact to be determined from all the surrounding circumstances. Id. A trial court's finding on voluntariness should not be overturned unless it is clearly erroneous. United States v. Faherty, 692 F.2d 1258, 1260-61 (9th Cir.1982).
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