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Consent – Coercion — Threat to Obtain Warrant

State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126
For defendants: Robert R. Henak

Issue: Whether an apartment owner’s consent to search his apartment, given in response to police threat to obtain a search warrant even though no probable cause existed, was involuntary.

Holding::

¶54 The police may not threaten to obtain a search warrant when there are no grounds for a valid warrant. State v. Kiekhefer, 212 Wis. 2d 460, 473, 569 N.W.2d 316 (Ct. App. 1997). The trial court’s findings establish that when the police threatened Trecroci with a search warrant, they did not, as yet, have probable cause. Therefore, under Kiekhefer, Trecroci’s consent was not voluntary.

 

 

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