noting that “[c]onsent cannot be given ‘freely and voluntarily’ if the subject of a search merely acquiesces to a claim of lawful authority” (quoting Bumper v. North Carolina, 391 U.S. 543, 548–49 (1968))
How later courts described this case
- noting that “[c]onsent cannot be given ‘freely and voluntarily’ if the subject of a search merely acquiesces to a claim of lawful authority” (quoting Bumper v. North Carolina, 391 U.S. 543, 548–49 (1968))
Written by the judges who cited it.
The opinion
BALES, C.J.,
concurring.
¶ 21 For the reasons noted in my separate opinion in State v. Valenzuela, CR-15-0222-PR, ¶¶ 38-51, 239 Ariz. 299 , 371 P.3d 627 , 2016 WL 1637656 (Ariz. Apr. 26, 2016), I agree that Brown did not voluntarily consent to the search; I otherwise concur in the majority’s opinion here.