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Search and Seizure – Wiretapping – consent
By: WISCONSIN LAW JOURNAL STAFF//August 26, 2014//
Listen to this articleSearch and Seizure – Wiretapping – consent
A minor can consent to wiretapping under the WESCL.
“We conclude the proper test for minor one-party consent under the WESCL is set forth in State v. Tomlinson, 2002 WI 91, 254 Wis. 2d 502, 648 N.W.2d 367. Under that test, the ability of a minor to consent to police interception of his or her conversations is a question of voluntariness. To determine whether a minor voluntarily gave consent, courts should consider the totality of the circumstances, including, but not limited to, a minor’s age, intelligence, knowledge, and maturity. Fundamentally, a minor’s consent must be the product of an ‘essentially free and unconstrained choice.’ See Schneckloth v. Bustamonte, 412 U.S. 218, 225 (1973). We conclude it was in this case. “
Affirmed.
Recommended for publication in the official reports.
2013AP2101-CR State v. Turner
Dist. III, Outagamie County, Gage, J., Cane, J.
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