On Point blog, page 35 of 35
Consent – Coercion — Number of Officers — Police Policy of Situating Officers on Both Sides of Stopped Car
State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998)
For Stankus: Steven J. Watson
Issue/Holding: The number of officers present does not, by itself, conclusively demonstrate coercion, but is a factor to consider among others. Thus, consent was validly given following a valid traffic stop that had lasted only 5 to 10 minutes before the police sought consent to search the car.
Consent — Scope — Search of Car
State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998)
For Stankus: Steven J. Watson
Issue/Holding: Telling the officer that the trunk did not open failed to limit the scope of consent to search the trunk when the driver also said, “you can even look in the trunk”:
His statement that the trunk did not open in no way restricted his initial consent.
Exigency — Automobile Exception to Warrant Requirement — Probable Cause: White Powder
State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998)
For Stankus: Steven J. Watson
Issue/Holding: Though the officer had never touched cocaine before, his discovery of a white, flour-like susbtance in clear plastic bags under the seat supported probable cause. And, because he therefore had probable cause to believe the vehicle contained evidence of a crime, he was entitled to search every part of it,
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;
Exigent Circumstances – Destruction of Evidence (Drugs) – Entry of Bedroom
State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997)
For Kiekhefer: Linda Hornik
Issue/Holding: The odor of burning marijuana from within a closed bedroom did not create exigent circumstances for the police, who did have permission to be in the house, to enter the bedroom:
According to Londre, they believed Kiekhefer was in possession of a large amount of marijuana.
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.