People v. Burton

Court properly denied Defendant's motion to quash arrest and to suppress the weapon that formed the basis of charges of which he was convicted after bench trial. During police visit to apartment for possible domestic disturbance, officer made warrantless search of pocket of a large man's coat hanging in a shared closet, in which handgun was found; Defendant's girlfriend, who resided there, had given her consent to search aparment. Officers reasonably believed that girlfriend had apparent authority to permit a search of the closet, including Defendant's coat. A refusal to sign a consent-to-search form is not a per se express refusal of consent. (McLAREN and BURKE, concurring.)