People v. Franklin

(Court opinion corrected 9/1/16.) Defendant was convicted, after jury trial, of 2 counts of unlawful use of a weapon by a felon (UUWF). Court erred in denying Defendant's motion to suppress.  Officer's warrantless search of other areas of Defendant's motel room, namely, area above bathroom ceiling, was not justified, as it exceeded scope of Defendant's consent to enter his room to find alleged perpetrator of theft of cash from that room. That search was not justified as search incident to Defendant's arrest or by exigent circumstances.(FITZGERALD SMITH and LAVIN, concurring.)