State v. Faith N. Reed, 2016AP1609-CR, 3/23/17, District 4 (1-judge opinion; ineligible for publication), petition for review granted 3/13/18, reversed, 2018 WI 109; case activity (including briefs) Officer Keller followed Sullivan into Reed’s apartment and saw controlled substances there. Reed sought suppression on the grounds that the officer did not have consent to enter her home. Based on a… Read more
a. Scope
State v. Thomas D. Dowling, 2016AP838-CR, 10/26/16, District II (one-judge; ineligible for publication); case activity (including briefs) This is an ineffective assistance claim against Dowling’s trial counsel for not moving to suppress evidence obtained after Dowling told police officers–whom his wife had allowed into their apartment–to leave. A neighbor had called 911 reporting a domestic… Read more
State v. Derik J. Wantland, 2014 WI 58, 7/11/14, affirming a published court of appeals decision; majority opinion by Justice Ziegler; case activity A four-justice majority of the supreme court holds that a police officer lawfully searched a briefcase found in a vehicle during a traffic stop because the driver consented to a search of the… Read more
State v. Royce Markel Wheeler, 2013 WI App 53; case activity Police went to a duplex in response to domestic abuse complaint from what they believed was the lower unit, with the caller saying she had been assaulted and was bleeding. (¶¶2, 4-6). After officers spent some 20 minutes knocking on the duplex’s common front… Read more
State v. Antoine Lamont Massey, 2012AP1124-CR, District 1, 3/5/13; court of appeals decision (not recommended for publication); case activity A daughter of the leaseholder had both actual and apparent authority to consent to a search of the apartment, including the back bedroom in which drugs were found, applying, among other cases, State v. Tomlinson, 2002 WI… Read more
State v. Shaun E. Kelley, 2005 WI App 199 For Kelley: Gregory Bates Issue/Holding: ¶13 Kelley also argues that the search violated the scope of consent. He contends that an accelerant and phone handset could not have been found under his bed and therefore that place should not have been searched. We disagree. … ¶14 … Read more
State v. Robert A. Ragsdale, 2004 WI App 178, PFR filed 8/5/04 For Ragsdale: Timothy T. Kay Issue: Whether an occupant’s consent to search his home “as long as he was present” limited an officer’s authority to question the occupant’s three-year-old son apart from his father, and thus inhibit the officer’s recovery of an illicit weapon based… Read more
State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether Wallace’s consent for a strip search encompassed the more intrusive body cavity search that ensued (Wallace bent over and spread his buttocks). Holding: ¶29. We have concluded that Wallace voluntarily consented to a strip search, and the… Read more
