On Point blog, page 13 of 13
Consent — Independent Appellate Review — Voluntariness
State v. Jason Phillips, 209 Wis.2d 559, 563 N.W.2d 573 (1997), reversing State v. Phillips, 209 Wis. 2d 559, 563 N.W.2d 573
For Phillips: Arthur B. Nathan
Holding: Consent to search is question of constitutional (as opposed to historical) fact, and therefore subject to independent review on appeal. Defendant consented to warrantless search of bedroom: agents went to house to investigate drug transaction;
Consent – Coercion — Threat to Obtain Warrant
State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997)
For Kiekhefer: Linda Hornik
Issue/Holding:
“Police may not threaten to obtain a search warrant when there are no grounds for a valid warrant, but `[w]hen the expressed intention to obtain a warrant is genuine … and not merely a pretext to induce submission, it does not vitiate consent.’” United States v.