State v. Akuba

[¶ 59.] I join Justice Sabers’ dissent.

[¶ 60.] I also disagree that we should lower the standard of proof required of the State to prove voluntary consent to a war-rantless search.17 Today, the majority reduces the State’s burden of proving voluntary consent from the clear and convincing standard to the preponderance standard. It does so without any compelling reason. The majority gives as reasons (1) conformity with the burden of proof used by the United States Supreme Court and the Eighth Circuit Court of Appeals, (2) conformity with other courts that do not require clear and convincing…