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8 California opinions name it 2 courts 2013–2025 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Florida v. Royergreen2 sentences2020(Bumper v. North Carolina (1968) 391 U.S. 543, 550 .) “[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority. [Citations.]” (Florida v. Royer (1983) 460 U.S. 491, 497 .) In other words, the government must show the “manifestation of consent was the product of … free will and not a mere submission to an express or implied assertion of authority. [Citation.]” (People v. James (1977) 19 Cal 2019"To be effective, consent must be voluntary. [Citations.]" ( People v. Ledesma (1987) 43 Cal.3d 171 , 234, 233 Cal.Rptr. 404 , 729 P.2d 839 .) "[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority. [Citations.]" ( Florida v. Royer (1983) 460 U.S. 491 , 497, 103 S.Ct. 1319 , 75 L.Ed.2d 229 .) "The voluntariness of consent is a question of fact to be determined from the totality of circum | 3 | 6 |
People v. Jamesgreen2 sentences2020(Bumper v. North Carolina (1968) 391 U.S. 543, 550 .) “[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority. [Citations.]” (Florida v. Royer (1983) 460 U.S. 491, 497 .) In other words, the government must show the “manifestation of consent was the product of … free will and not a mere submission to an express or implied assertion of authority. [Citation.]” (People v. James (1977) 19 Cal 2019(People v. James (1977) 19 Cal.3d 99, 106 .) However, “where ... the prosecution relies on consent to justify a warrantless search or seizure, it bears the ‘burden of proving that the defendant's manifestation of consent is a product of his free will and not a mere submission to a claim of lawful authority.’” (People v. Zamudio (2008) 43 Cal.4th 327, 341 ; Bumper v. North Carolina (1968) 391 U.S. 543, 548 [coercion exists when officer misrepresented that he has a valid warrant and occupant consents to the search].) Whether consent is voluntarily given is a question of fact, which depends on th | 1 | 3 |
People v. Zamudiogreen2 sentences2025(People v. Zamudio (2008) 43 Cal.4th 327, 341 (Zamudio).) Second, the consent cannot have resulted from unlawful police activity, such as an illegal detention. 2019(People v. James (1977) 19 Cal.3d 99, 106 .) However, “where ... the prosecution relies on consent to justify a warrantless search or seizure, it bears the ‘burden of proving that the defendant's manifestation of consent is a product of his free will and not a mere submission to a claim of lawful authority.’” (People v. Zamudio (2008) 43 Cal.4th 327, 341 ; Bumper v. North Carolina (1968) 391 U.S. 543, 548 [coercion exists when officer misrepresented that he has a valid warrant and occupant consents to the search].) Whether consent is voluntarily given is a question of fact, which depends on th | 1 | 2 |
Bumper v. North Carolinagreen2 sentences2020(Bumper v. North Carolina (1968) 391 U.S. 543, 550 .) “[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority. [Citations.]” (Florida v. Royer (1983) 460 U.S. 491, 497 .) In other words, the government must show the “manifestation of consent was the product of … free will and not a mere submission to an express or implied assertion of authority. [Citation.]” (People v. James (1977) 19 Cal 2019(People v. James (1977) 19 Cal.3d 99, 106 .) However, “where ... the prosecution relies on consent to justify a warrantless search or seizure, it bears the ‘burden of proving that the defendant's manifestation of consent is a product of his free will and not a mere submission to a claim of lawful authority.’” (People v. Zamudio (2008) 43 Cal.4th 327, 341 ; Bumper v. North Carolina (1968) 391 U.S. 543, 548 [coercion exists when officer misrepresented that he has a valid warrant and occupant consents to the search].) Whether consent is voluntarily given is a question of fact, which depends on th | 1 | 2 |
People v. Boyerred2 sentences2019"To be effective, consent must be voluntary. [Citations.]" ( People v. Ledesma (1987) 43 Cal.3d 171 , 234, 233 Cal.Rptr. 404 , 729 P.2d 839 .) "[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority. [Citations.]" ( Florida v. Royer (1983) 460 U.S. 491 , 497, 103 S.Ct. 1319 , 75 L.Ed.2d 229 .) "The voluntariness of consent is a question of fact to be determined from the totality of circum 2019"To be effective, consent must be voluntary. [Citations.]" ( People v. Ledesma (1987) 43 Cal.3d 171 , 234, 233 Cal.Rptr. 404 , 729 P.2d 839 .) "[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority. [Citations.]" ( Florida v. Royer (1983) 460 U.S. 491 , 497, 103 S.Ct. 1319 , 75 L.Ed.2d 229 .) "The voluntariness of consent is a question of fact to be determined from the totality of circum | 1 | 2 |
People v. Monterrosogreen2 sentences2015On appeal all presumptions favor proper exercise of that power, and the trial court’s findings — whether express or implied — must be upheld if supported by substantial evidence.” ’ ” (People v. Monterroso (2004) 34 Cal.4th 743, 758 [ 22 Cal.Rptr.3d 1 , 101 P.3d 956 ], quoting People v. James (1977) 19 Cal.3d 99, 107 [ 137 Cal.Rptr. 447 , 561 P.2d 1135 ].) After arresting defendant on suspicion of driving under the influence of a drug, Deputy Robinson told defendant that he did not have the right to talk to a lawyer when deciding whether to submit to a chemical test, that his driver’s license 2015On appeal all presumptions favor proper exercise of that power, and the trial court’s findings — whether express or implied — must be upheld if supported by substantial evidence.” ’ ” (People v. Monterroso (2004) 34 Cal.4th 743, 758 [ 22 Cal.Rptr.3d 1 , 101 P.3d 956 ], quoting People v. James (1977) 19 Cal.3d 99, 107 [ 137 Cal.Rptr. 447 , 561 P.2d 1135 ].) After arresting defendant on suspicion of driving under the influence of a drug, Deputy Robinson told defendant that he did not have the right to talk to a lawyer when deciding whether to submit to a chemical test, that his driver’s license | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Ledesma
green
2 sentences2019"To be effective, consent must be voluntary. [Citations.]" ( People v. Ledesma (1987) 43 Cal.3d 171 , 234, 233 Cal.Rptr. 404 , 729 P.2d 839 .) "[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority. [Citations.]" ( Florida v. Royer (1983) 460 U.S. 491 , 497, 103 S.Ct. 1319 , 75 L.Ed.2d 229 .) "The voluntariness of consent is a question of fact to be determined from the totality of circum 2019"To be effective, consent must be voluntary. [Citations.]" ( People v. Ledesma (1987) 43 Cal.3d 171 , 234, 233 Cal.Rptr. 404 , 729 P.2d 839 .) "[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority. [Citations.]" ( Florida v. Royer (1983) 460 U.S. 491 , 497, 103 S.Ct. 1319 , 75 L.Ed.2d 229 .) "The voluntariness of consent is a question of fact to be determined from the totality of circum | 3 | 2015–2019 |
People v. Ramirez
green
1 sentence2020(People v. Ramirez (1997) 59 Cal.App.4th 1548, 1558 .) Here, seven government officials from four government entities confronted the son of Nolte Sheet Metal’s owner. | 1 | 2020–2020 |
United States v. Drayton
green
1 sentence2019(United States v. Dayton (2002) 536 U.S. 194, 207 .) The proper inquiry is how a reasonable person would have understood the exchange between the officer and the person providing consent. | 1 | 2019–2019 |
People ex rel. Fire Insurance Exchange v. Anapol
green
1 sentence2016(Ibid.) Anapol is also distinguishable because it involved only first-party insurance claims, the submission of which was a “necessary prerequisite to obtaining performance under the insurance contract.” (Anapol, supra, 211 Cal.App.4th at p. 827 .) As such, the Anapol court could not determine by the mere submission of a claim whether it was a “simple claim for payment submitted in the usual course of business” or was made in contemplation of litigation. | 1 | 2016–2016 |
Estes v. Rowland
green
1 sentence2013(People v. Miller (1999) 69 Cal.App.4th 190, 202 ; Estes v. Rowland (1993) 14 Cal.App.4th 508, 527 .) Here, we conclude that substantial evidence supports the magistrate’s findings. | 1 | 2013–2013 |
People v. Miller
green
1 sentence2013(People v. Miller (1999) 69 Cal.App.4th 190, 202 ; Estes v. Rowland (1993) 14 Cal.App.4th 508, 527 .) Here, we conclude that substantial evidence supports the magistrate’s findings. | 1 | 2013–2013 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.