# Holt v. State

> Wisconsin Supreme Court · October 30, 1962 · 17 Wis. 2d 468

URL: https://www.frixlaw.com/law-library/cases/9670123

## Case

- **Full name:** Holt, Plaintiff in Error, v. State, Defendant in Error
- **Court:** Wisconsin Supreme Court
- **Decided:** October 30, 1962
- **Citations:** 17 Wis. 2d 468; 117 N.W.2d 626
- **Precedential status:** Published
- **Opinion:** Concurrence by Fairchild
- **Judges:** Gordon, Fairchild, Dieterich
- **Cited by:** 59 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9670123

## Opinion text

Fairchild, J.
(concurring). I would not direct any criticism at the police officers for failure to obtain a warrant before going to talk with Mrs. Holt. The information *484 which aroused them was a report by a neighbor of a states ment Mrs. Holt had made. The report could not be overlooked, but it seemed good judgment to obtain Mrs. Holt’s side of the story before initiating any other action on the basis of the report alone.
Proof that the officers said to Mrs. Holt that she had the right to refuse permission to search would have made a clearer case of consent, and I join in the suggestion that it would be an excellent practice for officers to give such information. But under the circumstances described here, I would see no reason, once the officers were satisfied that Mrs. Holt consented to the search, to leave her home in order to obtain a search warrant.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9670123. Public record. Not legal advice.