BOSSE v. STATE

LUMPKIN, P.J.,

Concur in Part Dissent in Part:

¶ 1 I concur in affirming Appellant’s convictions and sentences, however, I cannot acquiesce in the analysis of Proposition Two. As a State court of last resort, we must independently construe Federal Constitutional issues based on existing precedent from the United States Supreme Court and not speculate on what that Court may do or not do in the future.

¶2 Appellant neither invoked his Fifth Amendment right to silence nor fully invoked his Fourth Amendment right to refuse consent to search in the present case. Instead, he’ voluntarily spoke with…