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Warrantless Search – Third Party Consent
By: Derek Hawkins//May 23, 2018//
Listen to this articleWI Court of Appeals – District II
Case Name: State of Wisconsin v. Juan M. Orta
Case No.: 2017AP426-CR
Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.
Focus: Warrantless Search – Third Party Consent
Juan M. Orta pled no contest to possession with intent to deliver cocaine (>5 – 15 grams) as a second or subsequent offense. He contends evidence seized from his home pursuant to a warrantless entry should have been suppressed because the teenaged daughter of Ana Trinidad, Orta’s cohabitant girlfriend, did not have actual or apparent authority to consent to enter his home and did not voluntarily consent. We disagree and affirm.
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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