The People of the State of Colorado v. Kim Maurice Fuerst

Summary

The court held that a co-tenant's silence behind a locked bedroom door did not amount to an express refusal of consent to a police search. Because Fuerst's wife had freely and voluntarily consented to the officers' entry and search, that consent was valid against Fuerst, requiring reversal of the suppression order. Justice Hobbs, joined by Justices Coats and Eid, concurred in the judgment on the narrower ground that Fuerst lacked common authority over the residence because a protection order barred him from entering or remaining there.