People v. Quackenbush

I respectfully dissent from the determination of the majority and would vote to affirm the order suppressing the evidence garnered from the inspection of the defendant’s vehicle.

It is noted that the majority has not based its determination that there was a proper and lawful search on a conclusion that the defendant had consented thereto. Since it appears that the defendant was informed by police officers that his vehicle was going to be impounded, and was afforded no opportunity to consent to or withhold consent to the impounding of his vehicle, his failure to have protested it can hardly be…