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a. Scope

Consent – Coercion — Scope

State v. Shaun E. Kelley, 2005 WI App 199 For Kelley: Gregory Bates Issue/Holding: ¶13      Kelley also argues that the search violated the scope of consent. He contends that an accelerant and phone handset could not have been found under his bed and therefore that place should not have been searched. We disagree. … ¶14     … Read More

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State v. Robert A. Ragsdale, 2004 WI App 178, PFR filed 8/5/04 For Ragsdale: Timothy T. Kay Issue: Whether an occupant’s consent to search his home “as long as he was present” limited an officer’s authority to question the occupant’s three-year-old son apart from his father, and thus inhibit the officer’s recovery of an illicit weapon based… Read More

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Consent — Scope — Body Cavity Search

State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether Wallace’s consent for a strip search encompassed the more intrusive body cavity search that ensued (Wallace bent over and spread his buttocks). Holding: ¶29. We have concluded that Wallace voluntarily consented to a strip search, and the… Read More

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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… Read More

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