What is the test for determining whether consent was voluntary in a search warrantless search?
MultiRegion, United States of America
The following excerpt is from U.S. v. Suastegui, 924 F.2d 1063 (9th Cir. 1991):
4 The government bears the burden of demonstrating that consent to a warrantless search was voluntary. Florida v. Royer, 460 U.S. 491, 497 (1983) (plurality); United States v. Ritter, 752 F.2d 435, 439 (9th Cir.1985). The trial court's determination that the consent was voluntary is reviewed for clear error. United States v. Carillo, 902 F.2d 1405, 1411 (9th Cir.1990).
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