Inadmissible Evidence – Motion to Suppress

By: Derek Hawkins//July 27, 2015//

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Criminal

WI Court of Appeals – IV

Officials: Blanchard, P.J., Lundsten and Higginbotham, JJ.

Inadmissible Evidence – Motion to Suppress

2014AP658-CR State of Wisconsin v. David Winters, Jr.

The State appeals a pretrial order suppressing evidence seized from the pocket of a jacket taken from a van during the joint investigation of a traffic accident and an altercation at a bar. The State contends that the evidence was admissible either under the automobile exception to the warrant requirement or as a search for intoxicants incident to an OWI arrest. For the reasons discussed below, we agree that the evidence was admissible under the automobile exception to the warrant requirement. We therefore reverse the suppression order and remand for further proceedings, without addressing the State’s alternative search-for-intoxicants argument.

Decision

Affirmed. Per Curiam.

Full Text

Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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