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STATE v. VERHAGEN

No. 77-559-CR.

86 Wis.2d 262 (1978)

272 N.W.2d 105

STATE, Plaintiff-Respondent, v. VERHAGEN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 11, 1978.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by John M. Wiebusch, of Oconto.

For the respondent the cause was argued by Marguerite M. Moeller, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

Before Dean, P.J., Donlin and Foley, JJ.

DEAN, 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...

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