State v. Christian Allis

¶ 20. I disagree with the majority in two fundamental respects and I therefore dissent. First, the majority fails to give the trial court the deference it is owed as the factfinder and instead draws its own factual conclusions. Second, relying on those factual conclusions, the majority then proceeds to misapply the law as it relates to consent to enter a home.

¶ 21. At the most basic level, this case hinges on one question: would a reasonable person have understood defendant's girlfriend's gesture as giving the officer consent to enter their home? See State v. Stevens, 2004 VT 23, ¶ 13, 176…