What rights does a defendant have to resist a search?
California, United States of America
The following excerpt is from People v. Toulson, 272 Cal.App.2d 181, 77 Cal.Rptr. 271 (Cal. App. 1969):
'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 * * *, but if he freely consents to an entry or search * * * his constitutional rights are not violated and any search or taking of evidence * * * is not unreasonable. * * *' (People v. Michael (1955) 45 Cal.2d 751, 753, 290 P.2d 852, 858.)
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