Search and Seizure – consent — apparent authority

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Wisconsin Court of Appeals

Criminal

Search and Seizure – consent — apparent authority

Antoine Lamont Massey appeals from a judgment entered upon a jury’s verdict convicting him of one count of possession of cocaine with intent to deliver, between five and fifteen grams, as a repeater, and from an order denying his postconviction motion. On appeal, Massey challenges the search that led to the discovery of the cocaine, arguing that the trial court erred in concluding that Ebony Lewis had actual or apparent authority to consent to the search, that even if she did, her consent was not given voluntarily, and that Palestine Boyce, the leaseholder of the home, invalidated Lewis’s consent. For the reasons which follow, we affirm. Not recommended for publication in the official reports.

2012AP1124-CR State v. Massey

Dist I, Milwaukee County, Yamahiro, J., Brennan, J.

Attorneys: For Appellant: Loeb, Basil M., Wauwatosa; For Respondent: Loebel, Karen A., Milwaukee; O’Neil, Aaron R., Madison