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Rock v. State5/9/2001
harge.
Ewers moved to suppress, arguing that the trooper had violated his rights by making a warrantless entry of the boat. The trial judge denied Ewers's motion to suppress.
On appeal, we assumed that the trooper's initial entry of the boat was unlawful. But we held that "the taint of an unlawful entry may be dissipated by a subsequent, voluntary consent." We upheld the trial judge's factual finding that Ewers had voluntarily consented to the trooper's presence aboard the boat.
We reach a similar conclusion in Rock's case. As we have previously stated, whether or not Rock voluntarily consented is an issue of fact to be determined by the trial court. We are to reverse that finding only if we find that it is clearly erroneous. Judge Pengilly considered the totality of the circumstances and concluded that, even if Trooper Cannell had blocked Rock's initial attempt to close the door on the troopers, Rock had unequivocally consented to allow the troopers to enter. We accordingly conclude that Judge Pengilly did not err in denying Rock's motion to suppress.
AFFIRMED.
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