State v. Blackman
Court of Appeals of Wisconsin
1Concurrence 1
*644¶ 14.
2Concurrence · HagedornHagedorn, J.
I agree with the majority that Blackman consented and that his consent was not coerced. I write separately to clarify that consent under the Fourth Amendment need not be based upon a full understanding of one's rights; it need only be voluntary.
¶ 15. On some level, I am sympathetic with Blackman's claim. His argument is that the statutorily required Informing the Accused information is wrong, or at least misleading, and that this inaccuracy renders his consent coerced. His argument, however, suffers from two fundamental flaws.
¶ 16. First, as the majority explains, the Informing the…
3Cases cited6 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- State v. ClappesWisconsin Supreme Court · 1987
- State v. PadleyCourt of Appeals of Wisconsin · 2014
- State v. GuzmanWisconsin Supreme Court · 1992
- Village of Little Chute v. WalitaloCourt of Appeals of Wisconsin · 2002
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