People v. Henley

OPINION OF THE COURT

Jones, J.

The lack of probable cause to sustain the custodial detention and transportation of one defendant operates to vitiate his ensuing consent to the search of the defendants’ apartment. As to the other defendant, however, that consent is valid. The evidence seized in the apartment should therefore be suppressed as to one defendant but not as to the other.

Based on a radio call that a burglary was in progress at the Mercury Radio and Battery Company received about 4:00 A.M. on December 6, 1976 the police proceeded to the scene. About one block away defendant Jim Henley,…