State v. Reed

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The Supreme Court reversed the decision of the court of appeals affirming the denial of Defendant’s motion to suppress and remanded the cause to the circuit court with instructions to suppress the challenged evidence and vacate Defendant’s convictions, holding that the searches at issue violated the United States and Wisconsin constitutions. Defendant was convicted of possession of a controlled substance and bail jumping. In the circuit court, Defendant filed a motion to suppress, arguing that the law enforcement officer’s warrantless entry into her apartment was not justified under any of the exceptions to the Fourth Amendment’s warrant requirement, and therefore, the evidence obtained during the searches of her apartment and person should be suppressed. The circuit court denied the motion to suppress, concluding that the officer had consent to enter Defendant’s apartment and that exigent circumstances justified the officer’s pushing open the apartment door. The court of appeals affirmed. The Supreme Court reversed, holding (1) the officer did not have consent to enter Defendant’s apartment; and (2) exigent circumstances did not justify the officer’s opening Defendant’s apartment door. View "State v. Reed" on Justia Law