State v. Vorburger, 255 Wis. 2d 537

Summary

The Supreme Court of Wisconsin reviewed the validity of Amerie Becker's detention during a narcotics investigation and the voluntariness of her consent to search the apartment she shared with Bradley Vorburger. The court held that the officers had reasonable suspicion for the initial stop and that Becker's continued detention while executing a search warrant was lawful. It also concluded that Becker voluntarily consented to the apartment search and reversed the court of appeals.

Holdings

1. The officers lawfully stopped and initially detained Becker because they had reasonable suspicion that she was committing, was about to commit, or had committed a crime.
2. The officers lawfully detained Becker before and during execution of the search warrant, even though she was not the registered occupant of the motel room.
3. Becker's continued detention after execution of the warrant did not escalate into an unlawful arrest.
4. Becker voluntarily consented to the search of the apartment, and the State proved voluntariness by clear and convincing evidence.

Questions Presented

1. Whether Becker's initial stop and detention were supported by reasonable suspicion under the Fourth Amendment.
2. Whether officers lawfully detained Becker before and during execution of a search warrant for motel-room contraband, even though she was not the registered occupant.
3. Whether Becker's continued detention after execution of the warrant escalated into an unlawful arrest.
4. Whether Becker voluntarily consented to the search of the apartment under the totality of the circumstances.

Disposition

reversed