2010AP1431-CR State v. Ebert

By: WISCONSIN LAW JOURNAL STAFF//January 12, 2011//

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Motor Vehicles
OWI; warrantless searches; consent

Chad Ebert appeals from a judgment of the circuit court convicting him of operating a motor vehicle with a prohibited alcohol concentration (third offense). The issue in this appeal is whether the police had consent to enter Ebert’s residence while they were conducting their investigation of a possible hit-and-run accident. As we defer to the circuit court’s factual conclusion that Ebert’s uncle (who is also his landlord) consented to a search of Ebert’s residence, we affirm Ebert’s conviction. This opinion will not be published.

2010AP1431-CR State v. Ebert

Dist II, Fond du Lac County, Wirtz, J., Reilly, J.

Attorneys: For Appellant: Lanning, Chad A., West Bend; For Respondent: Schneider, Charles, Fond du Lac; Weber, Gregory M., Madison; Kaminsky, Daniel, Fond du Lac

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