on review of published decision; for: Sobczak: Andrew Hinckel, SPD, Madison Appellate; case activity Third-Party Consent Issues (Composed by On Point): Whether Sobczak’s girlfriend, a non-resident guest in his parents’ home, had authority to consent to police entry into the home and to search and seizure of Sobczak’s laptop. A mere guest ordinarily may not consent to a… Read more
1. Consent
State v. Timothy D. Moseley, 2011AP892-CR, District 1, 5/1/12 court of appeals decision (not recommended for publication); for Moseley: Michael J. Steinle; case activity Moseley’s contention, that he qualified his written consent to search with an oral limitation, was rejected by the trial court as a matter of credibility; that finding of fact is now… Read more
State v. Kenneth M. Sobczak, 2012 WI App 6 (recommended for publication), petition for review granted, 6/13/12; for: Sobczak: Ryan J. Hetzel; case activity ¶6 The issue in this case is whether the girlfriend—as a guest in Sobczak’s parents’ home—had the authority to consent to the officer’s entry into the Sobczak residence and to the search… Read more
State v. Anthony D. Guard, 2012 WI App 8 (recommended for publication); for Guard: Richard L. Zaffiro; case activity Warrantless Entry – Duplex, Common Hallway Guard, a resident of a duplex upper flat, had a reasonable expectation of privacy in a hallway by which his unit was accessed, such that warrantless police entry into that… Read more
State v. Brian T. St. Martin, 2011 WI 44, on certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; case activity Consent to Search – Co-Tenant – Georgia v. Randolph Georgia v. Randolph, 547 U.S. 103 (2006) holds that a physically present resident’s objection trumps a co-tenant’s consent to a warrantless search of a residence. However, this rule does… Read more
State v. Deundra R. Lathan, 2011 WI App 104 (recommended for publication); for Lathan: George S. Tauscheck; case activity Consent to Search, Co-Occupant Consent to search premises given by one occupant overrides refusal to consent by co-occupant when neither is the subject of the search or ensuing arrest (resolving question expressly held open by Georgia v… Read more
State v. Calvin Jerome Pirtle, 2011 WI App 89(recommended for publication); for Pirtle: Christopher J. Cherella; case activity Consent to Search – Georgia v. Randolph Pirtle’s failure to object to the police presence allowed them to act on the co-tenant’s consent to a warrantless search under Georgia v. Randolph, 547 U.S. 103 (2006): ¶15 In… Read more
State v. Robert L. Stokes, 2009AP919-CR, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Stokes: John M. Bolger; case activity; Stokes BiC; State Resp.; Reply Given trial court credibility findings, the resident’s consent to the police to enter and search was voluntary. ¶19 Finally, we are not convinced by Robert’s argument… Read more
