5.10.4

• Jurisdiction: Arizona

§ 5.10.4 Consent (See also § 5.4, “Consent.”)

Consent to enter must constitute more than just acquiescence to authority and must be voluntary. Defendant’s wife, by opening motel room door at officer’s command and then backing away from the door, did not thereby voluntarily consent to the officers’ entry into and search of the room; wife said nothing and did not invite the officers into the room. United States v. Bautista, 362 F.3d 584 (9th Cir. 2004). Defendant’s act of moving aside when a police officer entered the room did not constitute consent. United States v. Albreksten, 151 F.3d 951 (9th Cir. 1998). See also State v. Cañez, 202 Ariz. 133, 151, 42 P.3d 564, 582 (2002) (officers walked up to the house, and Cañez’ wife answered the door, and they asked to...