Brown v. State

Dissenting Opinion by

BELL, C.J.

In this case, the police, without probable cause or even reasonable articulable suspicion, approached the petitioner’s motel room and, using deception, was able to get him to open the door. Immediately thereafter, they identified themselves and requested permission to enter and talk to the petitioner, why or about what, he was not told, and, the trial court found, the petitioner consented. The petitioner challenges the finding of consent, contending that it was not voluntarily given. Rejecting that challenge, the majority holds that “[t]he earlier deception that…