concurring
Although I agree with the outcome of the majority’s decision, I write separately to note that the conduct of the police in this case is very troubling. Based on my reading of the record, the officers feigned concern for the welfare of Melton’s son as subterfuge to gain access to Melton’s home. According to Melton, the officers stated that they were on a welfare check for her son, and she feared that the officers would take custody of him if she refused to consent to the search. As is well recognized in Fourth Amendment jurisprudence, consent procured by fraud, duress, fear, or intimidation is not sufficient to uphold a warrantless search. Darnell v. State, 435 N.E.2d 250, 254 (Ind.1982); Muegel v. State, 257 Ind. 146, 272 N.E.2d 617, 620 (1971). Nevertheless, the police officers testified that they specifically asked Melton’s permission to search her home for drugs. As stated in the majority opinion, Melton acquiesced and even helped the officers during their search. The officers also denied Melton’s accusations that they claimed to be on a welfare check; moreover, the officers testified that their comments regarding Melton’s son were based on a genuine concern for his welfare. We cannot reweigh the evidence or judge the credibility of witnesses in this regard. Thus, in spite of my misgivings regarding the officers’ conduct, I concur with the majority that Melton’s consent was sufficient to uphold the warrantless search of her residence.