≡ Menu

Attenuation of Taint — Consent – Following Illegal Entry

State v. Kenneth M. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406
For Herrmann: Peter J. Morin

Issue: Whether consent to search was valid, immediately following unlawful entry of the occupant’s apartment.

Holding: Given the “coercive circumstances” – entry in middle of night, with officers yelling “search warrant” – any consent Herrmann may have given was neither voluntary nor attenuated from the illegal entry. ¶20.


{ 0 comments… add one }

Leave a Comment