What can an ordinary passenger do to stop police from searching the passenger’s property when it’s in a vehicle being searched with the driver’s consent?

2011AP2052-CR State v. Warrior

2011AP2587-CR State v. Schmidt

2011AP2898-CR State v. Harris

12-1805 U.S. v. Garcia

2010AP2612-CR State v. Green

2010AP3034-CR State v. Sobczak

2011AP72-CR State v. Guard

2010AP102-CR State v. Cephus

Search and Seizure Warrantless searches; consent

Search and Seizure Warrantless entry; consent The consent of one occupant to enter overrides the refusal of another occupant, when neither are the subject of the search or arrest. “Randolph acknowledged that ‘Fourth Amendment rights [with regard to third-party consent] are not limited by the law of property,’ but rather, rested on ‘“mutual use,”’ id. at 110 (citation omitted), and ...

Search and Seizure Consent; pretextual threats Where the lead investigator took active steps to obtain a warrant prior to entering a home with the owner’s consent, the threat to the owner that he would get a warrant if consent was denied was not pretextual. “Although the district court only mentioned it in passing, we note that the magistrate judge appropriately ...

Search and Seizure Consent Michael R. Cooper appeals from a judgment of conviction entered upon his guilty plea to one count of possessing a firearm as a felon. He contends that the circuit court erred by denying his suppression motion. Because the evidence supports the circuit court’s finding that Cooper consented to the search he challenges, we affirm. This opinion ...

Leaving a vehicle with a mechanic after the repairs are done is implicit consent to paying storage fees for the vehicle.

Search and Seizure Consent; voluntariness Robert L. Stokes appeals a judgment convicting him of possession with intent to deliver marijuana, contrary to Wis. Stat. § 961.41(1m)(h)2. (2005-06). Stokes contends that because the police did not have valid consent to search his residence without a warrant, the trial court erred in denying his motion to suppress the 275 grams of marijuana ...

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 ...

Search and Seizure Warrantless entry; consent Mark Miller appeals his conviction for operating a motor vehicle while under the influence of an intoxicant as a third offense. He challenges the circuit court’s denial of his motion to suppress evidence obtained as a result of a warrantless entry into his home. Miller argues that, although he gave consent for the entry, ...

Search and Seizure Consent The State has appealed from an order suppressing evidence seized from a motor vehicle owned and operated by the defendant, Rosalyn Humphrey. A deputy sheriff seized marijuana from a duffle bag in the trunk of Humphrey’s car after stopping her for speeding. Humphrey was charged with possession of marijuana with intent to deliver as a repeat ...

Search and Seizure Consent; actual authority Jaffer Deane appeals a judgment convicting him of possessing more than forty grams of cocaine with intent to deliver. Deane entered a no contest plea after the court denied his motion to suppress evidence found in his bedroom in his parents’ home. He argues the evidence should have been suppressed because his parents lacked ...