State v. Cullen

Although I agree with the result reached in the majority opinion, I write separately because of the majority’s failure to address what I perceive to be various problems with the trial court’s findings of fact and conclusion of law and the legal consequences flowing therefrom. Because findings of fact and conclusions of law are now required when requested in suppression cases and because the issues addressed in this concurrence are likely to arise again, I write separately to discuss these issues.

As related in the majority opinion, Cullen successfully challenged the evidence obtained as a…