State v. Johnson

In my view the trial judge was in error in suppressing the evidence and dismissing the indictment. The rationale for that ruling is restated in the majority opinion as follows: The discovery and search of the motorcycles in the garage was “outside the scope of the homicide investigation, and that it was not authorized by the defendant.” I disagree.

In his motion to suppress the defendant contended:

“* * * [T]he search was. not made pursuant to lawful arrest or search warrant and exceeded the curtilage for which consent was given for search by the officers; and the consent to .search defendant’s…