Legal Opinion
State v. Verhagen
Court of Appeals of Wisconsin
Decided October 11, 1978No. 77-559-CRPublishedCited by 7 opinions
1Opinion of the CourtDean, P.J.
Four issues are raised on appeal:(1) Does the defendant have the burden of proof in establishing the illegality of a warrantless search?(2) Was the defendant’s wife authorized to consent to a search of the premises?(3) Was the marijuana which was found growing near the granary admissible under the “open fields” doctrine?(4) Must the defendant’s statement be suppressed as a fruit of the poisonous tree?
BURDEN OF PROOF
The defendant argues, and the state concedes, that the trial court erred in placing the burden on the defendant to prove the illegality of the search. We agree. Warrant-less…
2Cases cited16 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Brown v. IllinoisSupreme Court of the United States · 1975
- United States v. MatlockSupreme Court of the United States · 1974
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Stoner v. CaliforniaSupreme Court of the United States · 1964
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3Cited by7 opinions
- State v. KirchoffSupreme Court of Vermont · 1991
- State v. GrawienCourt of Appeals of Wisconsin · 1985
- People v. PayneColorado Court of Appeals · 1992
- State v. GuzyCourt of Appeals of Wisconsin · 1986
- State v. NehlsCourt of Appeals of Wisconsin · 1983
2 more not listed; retrieve them via the Exa API.