Client's father-in-law allowed police to search his residence which was located in a separate building on property owned by his father-in-law. When police arrived the client and his wife objected to the search but the police relied on the father-in-law’s permission. We argued to the trial court that the police did not have the right to search the premises based on the constitutional doctrine of “apparent authority” under the Fourth Amendment. The Wisconsin Court of Appeals agreed and reversed the conviction, which was upheld by the Wisconsin Supreme Court.
Felony conviction reversed.