State v. Pogue

Defendant appeals from a conviction of burglary. The only issue is whether the police entered the defendant’s motel room with his permission. The loot from the burglary was found in the room.

Defendant was arrested in connection with another charge. A motel key was found among the contents of his pockets. A police officer swore that he asked the defendant if he wanted the officer to go to the motel room and retrieve the defendant’s personal property from the room, and that the defendant said, “Yes.” The defendant swore that no such conversation took place.

The trial judge, after a hearing on a…