Prosecution Has the Burden to Prove the Consent Given to Search Was Free, Voluntary and Unequivocal – What a Criminal Defense Attorney Can Do for You
The People have the burden of proof upon them to demonstrate affirmatively by a preponderance of the evidence that the consent to a search was free, voluntary and unequivocal. People v. James (1977) 19 Cal.3d 99, 137 Cal.Rptr. 447.
Consent can be given to a search, but the consent must be unequivocal, specific, and freely and intelligently given. Parrish v. Civil Service Commission (1967) 66 Cal.2d 260, 57 Cal.Rptr. 623. Consent must be voluntary and not in response to any express or implied assertion of authority. Thus, if a defendant was detained without an objective, articulable basis for the detention, the detention was a violation of the defendant’s Fourth Amendment rights and his consent to a search would not be voluntary.
Understanding and applying your Fourth Amendment against unreasonable searches and seizures may mean the difference between jail and freedom. This is why if you or a loved one is being accused of a crime it is incredibly important to choose the right attorney and the best law firm to represent you.
Wallin & Klarich criminal defense attorneys in California have over 30 years experience helping their clients stay out of jail. You can speak to one of our attorneys by calling now at 1-888-280-6839, or visit us on the web at www.wklaw.com for more information about setting up an appointment.
