Court Error – Suppression Motion

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jonathon J. Olson

Case No.: 2016AP2189-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Court Error – Suppression Motion

Jonathon Olson appeals a judgment convicting him of possession with intent to deliver up to 200 grams of tetrahydrocannabinols (THC). Olson argues the circuit court erred by denying his suppression motion because: (1) police lacked reasonable suspicion to detain Olson past the time required to investigate a traffic accident; and (2) police impermissibly searched Olson’s backpack without a warrant.

We conclude police had reasonable suspicion to detain Olson beyond the time required to investigate the accident. However, we agree with Olson that a warrant was required in order for police to search his backpack. We reject the State’s argument that Olson is not entitled to suppression because police would have inevitably discovered the evidence inside the backpack absent the constitutional violation. We therefore reverse Olson’s judgment of conviction and remand with directions that the circuit court suppress the evidence found in Olson’s backpack.

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Attorney Derek A. Hawkins is the managing partner 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.