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STATE v. ST. MARTIN

No. 2009AP1209-CR.

800 N.W.2d 858 (2011)

2011 WI 44

STATE of Wisconsin, Plaintiff-Respondent, v. Brian T. ST. MARTIN, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 22, 2011.

Attorney(s) appearing for the Case

For the defendant-appellant, there were briefs and oral argument by Michael K. Gould , assistant state public defender.

For the plaintiff-respondent the cause was argued by Sarah K. Larson , assistant attorney general, with whom on the brief was J.B. Van Hollen , attorney general.

ON CERTIFICATION FROM THE COURT OF APPEALS

N. PATRICK CROOKS, J.

¶ 1 This case comes before us by certification from the court of appeals and concerns the constitutionality of a warrantless search of an apartment attic. Police obtained consent from Brian St. Martin's girlfriend, who was present in the apartment, to search the attic. They then asked the same question of St. Martin, who was by that point in police custody in a police van parked nearby...

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