State of Arizona, Appellee v. Francisco L. Encinas Valenzuela, Appe — Bales, J., Concurring in Part and Dissenting…

Summary

The opinion agrees that Valenzuela did not voluntarily consent to the warrantless search but disagrees with the majority’s treatment of the lawful-authority issue and the good-faith exception. It would hold that acquiescence to an officer’s assertion that a search is legally required cannot, as a matter of law, constitute voluntary consent, and it would either remand the good-faith issue for initial consideration by the trial court or reject the exception on the merits.