On Friday, September 7, 2018, the Supreme Court will hear oral argument in State v. Reed. The case examines how an individual can demonstrate consent (particularly by conduct) for police to enter his home, and what type action is needed to withdraw consent.
Police responded to report of a fight between two men. When the police arrived at the scene, a witness at the scene "Sullivan" said one of the individuals involved in the fight "Jerome" was in Sullivan's apartment. After a brief discussion, Sullivan led the officer to his apartment. Sullivan briefly knocked on the door to his apartment and then opened the door. Sullivan opened the door, and then pushed the door towards a closed position behind him. The officer put up his hand to stop the door from closing, and took a step inside the apartment and immediately saw Jerome and Reed near what appeared to be a controlled substance. Reed was arrested and taken to jail, where a controlled substance was found in her sock.
The Court of Appeals held that Sullivan consented by conduct to entry in to his apartment, and the act of pushing the door toward the closed position was not sufficiently clear and unequivocal to withdraw the consent.
I anticipate the issue of whether pushing the door towards the closed position was sufficient to withdraw consent to be the primary issue the court examines.
Oral argument video will be streamed live at Wisconsin Eye. The Court of Appeals opinion can be found here.
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