What is the test to prove a defendant's right to resist a search and seizure?

California, United States of America


The following excerpt is from People v. Nauta, G051313 (Cal. App. 2017):

These contentions lack merit. "To protect his right to object to an unreasonable search or seizure a defendant need not forcibly resist an officer's assertion of authority to enter his home or search it or his person [citations], but if he freely consents to an entry or search, or voluntarily produces evidence against himself, his constitutional rights are not violated and any search or taking of evidence pursuant to his consent is not unreasonable." (People v. Michael (1955) 45 Cal.2d 751, 753.) The prosecution has the burden of showing the police were given free and voluntary consent to make an entry or conduct a search, and this task "cannot be discharged by showing no

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