State v. Johnston

I dissent from that portion of the majority opinion which concludes that the warrantless search of Johnston's home and the seizure of the evidence found in his home do not violate his fourth amendment rights. The basis for the majority's conclusion is that the consent for entry given to undercover officers somehow also extended to uniformed police, who made a subsequent entry into Johnston's home. I disagree and conclude that the consent to enter Johnston's home, obtained by undercover police using a ruse, did not extend to a distinctly separate and warrantless entry by uniformed officers,…