People v. Johnson

I dissent. The majority opinion holds that “the search of Cooper was unlawful, his consent to the entry of his hotel room is [therefore] invalid, and the evidence secured by the prosecution as the fruit of that consent is inadmissible.” However, the record does not show that the search of Cooper was unlawful, and in the trial court defense counsel did not claim specifically that Cooper's search was unlawful (nor is the matter argued by the parties in their briefs on appeal)1

*635By ruling that the heroin could be admitted in evidence the trial court made an implied finding that Cooper effectively…