What is the test for establishing consent for a search based on consent?
California, United States of America
The following excerpt is from People v. Alcantar, H045779 (Cal. App. 2019):
The prosecution may also establish the legality of a search based on consent "even to entries and searches with the permission of a co-occupant whom the police reasonably, but erroneously, believe to possess shared authority as an occupant" (Georgia v. Randolph (2006) 547 U.S. 103, 109) because "what is generally demanded of the many factual determinations that must regularly be made by agents of the government . . . is not that they always be correct, but that they always be reasonable." (Illinois v. Rodriguez (1990) 497 U.S. 177, 185-186 (Rodriguez).)
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