Upon which party does the burden of proof rest and to what degree must it be established in an attempt to establish the voluntariness of a consent search?

Question

Quizplus · Accepted Answer

The prosecution has the burden of proving that a consent search was voluntary, and this must be established by a preponderance of the evidence. This means the prosecution must show that it is more likely than not that the consent was given freely and voluntarily.

Upon Which Party Does the Burden of Proof Rest and to What