Wisconsin Supreme Court: warrant not required

Justice David Prosser wrote a separate dissent, joined by Abrahamson and Walsh.

“The defendant’s question may not have been perfect but it should have alerted the officer that the defendant was challenging a “consent” search of his briefcase,” Prosser wrote.

” It would be difficult to articulate what other objective the defendant might have had when he asked about a warrant.  The defendant had just witnessed the officer dig through the car like a police dog on assignment.  He knew that his briefcase was the next target.”

Via Court upholds warrantless search of briefcase, despite owner’s question about warrant @ JS Proof and Hearsay Blog

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