People v. Gonzalez (1976)

In People v. Gonzalez, 39 N.Y.2d 122 (1976), the Court of Appeals noted that no one factor is determinative of the voluntariness of consent, but that several specific factors should be considered. The first factor to be considered is whether the defendant is in custody at the time of the alleged consent. In this context a court must consider the immediate circumstances surrounding an arrest, whether the arrest is resisted, whether the defendant is confronted by a large number of police agents and whether he is handcuffed. A second factor is the background of the person consenting. A person with greater familiarity with police is considered more likely to give a voluntary consent if he consents at all. The third consideration is whether a defendant either prior or subsequent to the consent has been evasive or uncooperative with the police officers. The final factor for consideration is whether a defendant has been advised of his right to refuse to consent, although such advice is not mandatory. The Court of Appeals examined several factors which may influence one's voluntary consent to a search. Such factors include (1) whether the subject was in police custody; (2) the subject's background; (3) whether the subject was evasive or cooperative with law enforcement authorities; and (4) whether the police advised the subject of the right to refuse consent. (Id. at 128.) Accordingly, any determination regarding the defendant's free will turns on the totality of circumstances presented on the record. (id) Since Gonzalez, Appellate courts have found consent to enter one's home by analyzing the occupant's words and conduct when dealing with the police.