Legal Opinion · Dissent

State v. Kenneth M. Sobczak

Wisconsin Supreme Court

Decided June 20, 2013No. 2010AP003034-CRPublished

1Dissent

*757SHIRLEY S. ABRAHAMSON, C.J.

*758¶ 45. The question presented in the instant case is: Can a weekend guest in a residence call the police and authorize a search of a living room and computer while the resident is at work? Or is such a search a violation of the resident's constitutional rights under the Fourth Amendment to the United States Constitution?

¶ 46. In other words, when is a person authorized under the law to invite law enforcement into someone else's residence or to allow law enforcement to search someone else's computer?5

¶ 47. The majority rules that a one-time weekend guest can consent…

2Cases cited33 opinions

  1. United States v. MatlockSupreme Court of the United States · 1974
  2. Illinois v. RodriguezSupreme Court of the United States · 1990
  3. Arkansas v. SandersSupreme Court of the United States · 1979
  4. Florida v. JardinesSupreme Court of the United States · 2013
  5. Missouri v. McNeelySupreme Court of the United States · 2013

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