People v. Grainger

I concur in the majority’s decision to reverse this case. I generally agree with the majority’s statement of the facts. However, I believe additional explication is necessary to resolve the constitutional issues raised and will set forth these additional facts with the analysis sections of my opinion. I disagree that the facts of this case support the majority’s conclusion that the search and seizure conducted here was constitutionally permissible.

I

The prosecution does not dispute defendant’s assertion that the search and seizure here came within the purview of both the Fourth Amendment to…