People v. Prinzing

Under the facts of this case, I would hold that any police deception had no bearing on the validity of defendant’s consent, and I would hold that the search actually conducted fell within the scope of defendant’s consent. I would therefore affirm defendant’s conviction.

I begin by discussing the effect of the alleged police deception on the validity of defendant’s consent. Illinois law provides unclear guidance on the point. The law as recited by the majority says at once that “[cjonsent is not voluntary where it is the result of official coercion, intimidation, or deception” (Graf, 265 Ill.…