Promise of leniency by police officer not to tow car invalidates consent to search
Boitez v. Superior Court of Yolo County (Cal. Ct. App., Nov. 7, 2023, No. C098102) 2023 WL 7313899, at *1
Summary: Boitez filed a motion to suppress the evidence obtained during a search of his mother’s car. After the trial court denied his motion, petitioner filed a petition for writ of mandate or prohibition.
The issue is whether defendant gave voluntary consent for the police to search his mother’s car after he was pulled over for a traffic violation. Here, the police officer falsely, but apparently with subjective belief that it was true, stated that he had the authority to tow defendant’s mother’s car, but would not do so if defendant consented to the search. Did the police officer’s false promise of leniency as to the towing of defendant’s mother’s car, the prosecution met its burden by a preponderance of the evidence that defendant’s consent was uncoerced? (Vazquez, supra, 724 F.3d at p. 18.)