State v. Weisler, State v. King

¶ 1. Defendants in these consolidated appeals contend the trial court erred in denying a motion to suppress evidence seized from a vehicle in which they were passengers. The trial court found that the vehicle’s owner voluntarily consented to the search. Defendants contend: (1) the finding of voluntariness must be reviewed de novo on appeal; (2) the consent to search was not voluntary; and (3) the consent was tainted by the owner’s unlawful de facto arrest. We agree that the finding of voluntariness is subject to de novo review, but conclude that the consent was neither involuntary nor…