State v. Glaze

BROCK, Chief Judge.

Because the findings of fact made by the trial judge do not specifically deal with the issue of the voluntariness of defendant’s consent to the search of the car, defendant contends that they are insufficient to hold the fruits of the search admissible.

“When a prosecutor seeks to rely upon consent to justify the lawfulness of a search, he has the burden of proving that the consent was, in fact, freely and voluntarily given.” Bumper v. North Carolina, 391 U.S. 543, 548, 88 S.Ct. 1788, 20 L.Ed. 2d 797. When consent is achieved through implicit coercion, by implied threat or…