State v. Wheeler

¶ 31. {concurring!dissenting). I join in all of the Majority's opinion except its conclusion that Officer Rufaro Davis's search of the potato-chip bag did not exceed the scope of the consensual search.

*443¶ 32. As the Majority tells us, the officers got consent to search for a person — either a victim or a perpetrator of domestic abuse. Thus, as the Majority also tells us, the officers properly searched places where a person could he either secreted or hiding, and I agree with the Majority that this included the attic. The Majority errs in my view when it holds that the officer could look inside…