Wibmer v. State

Wisconsin Supreme Court

Decided December 11, 1923

Wisconsin Supreme Court · decided 1923-12-11

Cited by 5 later decisions — most recently November 1938

1 federal appellate · 4 state decisions

Key passage — most relied on by later courts

““The acceptance of the license is necessarily an acceptance of the accompanying statutory conditions and as to the premises is an implied waiver of the search and seizure provision of the Constitution. 6 * * ””

quoted by 1 later decision, including United States v. Shules

Relies on Walsh v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1923-12-11

View the full empirical analysis of this case →

Eschweilee, J.

¶1It is contended that the liquor found on the second floor, having been so found and seized without search warrant, could not properly be received in evidence over defendant’s objection, under the decision of Hoyer v. State, 180. Wis. 407, 193 N. W. 89.

¶2The acceptance of the license is necessarily an acceptance of the accompanying statutory conditions, and as to the premises is an implied waiver of the search-and-seizure provision of the constitution discussed in the above -cited case. The kitchen was clearly a part of the premises for which the license had been obtained, and under the decision in Walsh v. State, 180 Wis. 356, 192 N. W. 1004, the conviction must be sustained.

¶3By the Court. — Judgment affirmed.