People v. Russo

Denman, P. J., and Boehm, J. (concurring).

The majority concludes that defendant’s stepfather did not consent, and in fact lacked either actual or apparent authority to consent, to the officers’ entry into defendant’s bedroom. We respectfully disagree. The record of the suppression hearing demonstrates that the police had probable cause to believe that defendant was guilty of a sexual assault and went to defendant’s address to question him. Defendant’s stepfather answered the door. In *942response to police inquiry, the stepfather, Coles, acknowledged that defendant, his stepson, lived there and…