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C. Warrant unnecessary

Consent — Acquiescence — Generally

State v. Jed A. Giebel, 2006 WI App 239 For Giebel: Robert E. Bellin, Jr. Issue/Holding: ¶12   The test for voluntariness asks whether consent was given in the “absence of actual coercive, improper police practices designed to overcome the resistance of a defendant.” State v. Clappes, 136 Wis.  2d 222, 245, 401 N.W.2d 759 (1987). In making… Read more

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State v. Jed A. Giebel, 2006 WI App 239 For Giebel: Robert E. Bellin, Jr. Issue: Whether Giebel’s “consent” to a search of his computer, in response to a police claim of a subpoena and accompanied by an expression that Giebel assumed he had no choice, was voluntary or mere acquiescence to asserted police authority. Holding: ¶17… Read more

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Plain View – Generally

State v. Shaun E. Kelley, 2005 WI App 199 For Kelley: Gregory Bates Issue/Holding: ¶15      An officer has the right to access objects in plain view while searching within the scope of the consent.  See State v. Johnson, 187 Wis. 2d 237, 242, 522 N.W.2d 588 (Ct. App. 1994). In order for the plain view doctrine to… Read more

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State v. George Toland Ziedonis, 2005 WI App 249 For Ziedonis: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: Police, responding to a “loose animal” complaint became sufficiently alarmed by the possibility the dogs’ owner was in need of assistance that their warrantless entry was justified under the community caretaker doctrine: ¶27      Like in Ferguson, the police “utilized alternative… Read more

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State v. George Toland Ziedonis, 2005 WI App 249 For Ziedonis: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶14      One such exception is the community caretaker function, which arises when the actions of the police are “totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.” State v. Anderson… Read more

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Consent – Coercion — Scope

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

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State v. Shaun E. Kelley, 2005 WI App 199 For Kelley: Gregory Bates Issue/Holding: ¶12      Kelley contends that the police should have disclosed that they had reason to believe he had child pornography in his apartment. We are not persuaded that the detectives’ failure to disclose all their suspicions invalidated an otherwise validly obtained consent… Read more

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State v. Walter Leutenegger, 2004 WI App 127 For Leutenegger: Bill Ginsberg Issue/Holding: ¶12. A warrantless home entry is presumptively unreasonable under the Fourth Amendment. Richter, 235 Wis. 2d 524, ¶28. The government bears the burden of establishing that a warrantless entry into a home occurred pursuant to a recognized exception to the warrant requirement. See State v. Hughes… Read more

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