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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; one asked deft. If they could enter bedroom and collect the drugs, & deft. opened door & walked inside. Agents followed him, assuming from this conduct that they permission to enter. Deft. retrieved drugs & handed them to agent. Court stresses absence of trickery or coercion in sustaining entry & search.

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