People v. LeBeuf

I respectfully dissent.

I accept the correctness of the recitals of fact contained in the majority opinion.

In reviewing a trial court’s order to suppress evidence and dismiss the charges, this Court applies a "clearly erroneous” standard.1 A finding is "clearly erroneous” when, although there is evidence to support it, the reviewing court, on the entire evidence, is left with a firm conviction that a mistake has been made.2

In this case, I do not find the trial court’s analysis and findings in conflict with the decisions of this Court in People v Garcia,3 People v Cavitt,4 or People v Strong.5…