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d. Third-Party

State v. David D. Ramage, 2010 WI App 77; for Ramage: Jevin J. Mulrooney; BiC; Resp.; Reply Co-tenant’s permissive use of Ramage’s computers conferred on her authority to consent to warrantless police removal of computer and search of their contents. Contrary authority, People v. Blair, 748 N.E.2d 318 (Ill. App. Ct. 2001); State v. Lacey… Read more

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Consent – Authority: Driver, for Passenger

State v. Jordan A. Denk, 2008 WI 130, on certification For Denk: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: ¶20 n. 4: … While Pickering could consent to a search of the vehicle, he could not consent to a search of his passenger. See State v. Matejka, 2001 WI 5, 241 Wis.  2d 52, 621 N.W.2d 891 (driver’s consent to search of… Read more

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State v. Matthew J. Knapp, 2003 WI 121, on certification; vacated and remanded on other grounds (for further consideration in light of United States v. Patane, 542 U. S. ____ (2004), Wisconsin v. Knapp, No. 03-590) For Knapp: Robert G. LeBell Issue1: Whether the search of Knapp’s bedroom was properly consented to by his brother (George), with whom Knapp shared the apartment… Read more

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State v. John Tomlinson, Jr., 2002 WI 91, affirming 2002 WI App 212, 247 Wis. 2d 682, 635 N.W.2d 201 For Tomlinson: John J. Gray Issue: Whether the police had consent from a minor to enter the defendant’s home in order to arrest him. Holding: Warrantless entry of a home to effectuate an arrest requires probable cause and exigent… Read more

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State v. Jennifer K. Matejka, 2001 WI 5, 621 N.W.2d 891, affirming unpublished decision of court of appeals. For Matejka: James B. Connell Issue: “(W)hether, under the consent exception to the Fourth Amendment’s warrant requirement, a driver’s consent to a police officer’s search of a vehicle extends to a passenger’s jacket left in the vehicle at the… Read more

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