Officer’s stepping into defendant’s hotel room was an entry, and defendant’s implied consent was invalid. Post hoc rationalization for this search was not valid, either. People v. Prescott, 205 P.3d 416 (Colo. App. 2008), released for publication May 1, 2009, cert. den. 2009 Colo. LEXIS 328 (Colo. Apr. 13, 2009):<\/p>\n
We reject the Attorney General’s argument that by asking Deputy Wilson for help getting his money back, Prescott implied an “invitation for the officers to enter,” Clark<\/em>, 844 S.W.2d at 599, because Deputy Wilson entered without permission before beginning the dialogue with Prescott. The Attorney General has cited no authority, nor are we aware of any in Colorado, adopting such an after-the-fact justification to a warrantless entry based on consent. Cf. People v. Herrera<\/em>, 935 P.2d at 958 (“The admissibility of evidence seized pursuant to an allegedly consensual search must stand or fall on the basis of the consent given before the search.”).<\/p>\n
Other jurisdictions have rejected after-the-fact justification for warrantless searches. See, e.g., People v. Pereira<\/em>, 58 Cal. Rptr. 3d 847, 854 (Cal. App. 2007); State v. Williams<\/em>, 403 A.2d 31, 35 (N.J. Super. Ct. App. Div. 1979); State v. Ribe<\/em>, 876 P.2d 403, 414-15 (Utah App. 1994).<\/p>\n
Moreover, “[i]t is one thing to infer consent from actions responding to a police request. It is quite another to sanction the police walking in to a person’s home without stopping at the door to ask permission.” United States v. Shaibu<\/em>, 920 F.2d 1423, 1427 (9th Cir. 1990). Further, “consent to enter and search a home will not be lightly inferred ….” Clark<\/em>, 844 S.W.2d at 599. Hence, we agree with State v. Othoudt<\/em>, 482 N.W.2d 218, 223 (Minn. 1992), that “[w]hen an uninvited police officer enters a home without a warrant and begins asking questions, answering those questions does not indicate an individual consented to the entry.”<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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