State v. Miles Jimmy Cruz, 2023AP001091-CR

Miles Jimmy Cruz was convicted of first-degree sexual assault (with great bodily harm), kidnapping, strangulation and suffocation, and second-degree recklessly endangering safety in Brown County, WI.
The victim, carrying an infant, was assaulted on a public trail; Cruz, age 17, was found nearby with fresh scratches and matching part of the description (red sweatshirt, tan blanket).
Cruz was brought to the station as a reported runaway, not under formal arrest, and interviewed by Detective Guth, who gave him Miranda warnings.
During the interview, Detective Guth requested to take fingernail scrapings and, later, a buccal swab for DNA testing; Cruz verbally and physically consented to both.
Cruz moved to suppress the DNA evidence, arguing lack of voluntary consent; the circuit court denied the motion, finding his consent was voluntary. Cruz appealed this ruling on Fourth Amendment grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Warrantless collection of DNA samples (fingernail scrapings and buccal swab)	Cruz did not voluntarily consent, so DNA evidence should be suppressed as a Fourth Amendment violation.	State argues Cruz's actions and words show voluntary, intelligent, and knowing consent under totality of circumstances.	Cruz voluntarily consented; motion to suppress DNA denied.

Florida v. Jimeno, 500 U.S. 248 (1991) (sets objective standard for evaluating consent to search)
State v. Young, 294 Wis. 2d 1 (Wis. 2006) (discussing protections against unreasonable searches)
State v. Phillips, 218 Wis. 2d 180 (Wis. 1998) (consent is an exception to warrant requirement)
State v. Bermudez, 221 Wis. 2d 338 (Wis. Ct. App. 1998) (standard for reviewing voluntariness of consent)
State v. Artic, 327 Wis. 2d 392 (Wis. 2010) (factors for assessing voluntariness of consent to search)