What is the test for an individual to claim a right to exercise his or her personal property?
California, United States of America
The following excerpt is from People v. Jones, B263800 (Cal. App. 2017):
deliberate choice rather than intimidation, coercion, or deception' [citation], and knowing in the sense that it was 'made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.' [Citation.]" (People v. Sauceda-Contreras (2012) 55 Cal.4th 203, 219.)
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