Consent – Warrantless Search

By: Derek Hawkins//December 30, 2015//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Charles Ray Stewart

Case No.: 2014AP276-CR

Officials: Kessler and Brennan, JJ., and Daniel L. LaRocque, Reserve Judge

Practice Area: Consent – Warrantless Search

Charles Ray Stewart appeals a judgment of conviction, entered pursuant to a guilty plea to one count of second-degree sexual assault of a child. Stewart contends that the circuit court erroneously denied his motion to suppress evidence seized following a warrantless entry into his home. Because we conclude that Stewart consented to Milwaukee police entering his home, that police lawfully remained in his home under the community caretaker exception to the warrant requirement, and that the evidence seized was in plain view of police, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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