Please ensure Javascript is enabled for purposes of website accessibility

Motion to Suppress Evidence Denied

By: Derek Hawkins//November 20, 2017//

Motion to Suppress Evidence Denied

By: Derek Hawkins//November 20, 2017//

Listen to this article

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Bryan J. Landwehr

Case No.: 2016AP2536-CR

Officials: STARK, P.J.

Focus: Motion to Suppress Evidence Denied

Bryan Landwehr appeals a judgment of conviction for fourth-offense operating a motor vehicle with a prohibited alcohol concentration (PAC). Landwehr argues the circuit court erred in denying his suppression motion because he was unlawfully seized in the curtilage of his home without a warrant. The State concedes this issue, but argues that the community caretaker exception to the warrant requirement is applicable. We disagree. Accordingly, we reverse and direct the circuit court on remand to grant Landwehr’s suppression motion.

Full Text


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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests