People v. Fuerst

[ 1 In this suppression ease, we hold that Respondent Kim Maurice Fuerst's decision to silently remain behind a locked door inside his home did not constitute an express refusal of consent to a police search. Therefore, Fuerst's wife's free and voluntary consent to the search of the couple's home was valid as to Fuerst. We accordingly reverse the order of the trial court granting Fuerst's motion to suppress evidence obtained during the search.

I. Facts and Procedural History

12 Police arrived at the Fuerst residence on September 10, 2011, in response to a possible protection order violation.…