The People of the State of Colorado v. Andrian Arapu — Bender, J., Dissenting

Summary

The dissent would affirm the trial court's suppression order because the court's factual finding that the officer exceeded the narrow scope of the defendant's consent was supported by competent evidence and was not clearly erroneous. It reasons that consent to monitor a person during questioning and later to collect belongings and secure the apartment did not authorize questioning that person or remaining in the apartment after those tasks were complete. The dissent would also reject the view that inevitable discovery rendered the officer's unlawful presence harmless because that conclusion was speculative.