What is the test for consent for a search conducted pursuant to consent?
California, United States of America
The following excerpt is from People v. George, H040455 (Cal. App. 2015):
A search conducted pursuant to consent "is a constitutionally permissible and wholly legitimate aspect of effective police activity." (Schneckloth v. Bustamonte (1973) 412 U.S. 218, 228 (Schneckloth).) Consent to search must "not be coerced, by explicit or implicit means, by implied threat or covert force." (Ibid.) The determination of whether consent was coerced is made after "examining all the surrounding circumstances." (Id. at p. 229.)
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