State v. Bermudez

In State v. Bermudez, 221 Wis. 2d 338, 348, 585 N.W.2d 628 (Ct. App. 1998), the Court recognized: "The proper test for voluntariness of consent under the fourth amendment is whether under the totality of the circumstances it was coerced. If consent is granted only in acquiescence to an unlawful assertion of authority, the consent is invalid." Id. Further, even if consent is deemed voluntarily given, we must determine whether the evidence was obtained by an exploitation of the prior illegal entry. See id. at 352. "The State has the burden to show 'a sufficient break in the causal chain between the illegality and the seizure of evidence.'" Id. When applying this attenuation theory, the Court must consider: "(1) the temporal proximity of the misconduct and the subsequent consent to search; (2) the presence of intervening circumstances; (3) the purpose and flagrancy of the official misconduct." Id. at 353.