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STATE v. PHILLIPS

No. 95-2912-CR.

218 Wis.2d 180 (1998)

577 N.W.2d 794

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Jason PHILLIPS, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided May 22, 1998.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Paul Lundsten, assistant attorney general with whom on the briefs was James E. Doyle, attorney general.

For the defendant-appellant there was a brief by Arthur B. Nathan and Nathan Law Office, S.C., Racine and oral argument by Arthur B. Nathan.

¶ 1. DONALD W. STEINMETZ, J.

This case presents three issues for review:

(1) Should an appellate court independently review a circuit court's finding on the voluntariness of a defendant's consent to search, or must the appellate court give deference to the circuit court's determination;

(2) Did the defendant in the present case voluntarily consent to the warrantless search of his bedroom; and

(3) If the defendant voluntarily consented...

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