People v. Toulson

—I respectfully dissent. The People seek to justify an entry, a search, a seizure, and an arrest—all without a search or arrest warrant—and the ensuing conviction upon the theory that defendant consented to the entry, search, and seizure and thereby waived his Fourth Amendment rights. The record, in my opinion, fails to reflect the type of inquiry, required by minimal due process, as to whether defendant’s apparent consent was in fact and in law freely and intelligently given. Nor does the record show that the People have sustained their burden in proving a justification for proceeding…