00-1879-CR State v. Howell

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Frederick L. Howell appeals from the judgment of conviction entered after he pled guilty to one count of felon in possession of a firearm. Pursuant to Wis. Stat. sec. 971.31(10), Howell argues that the trial court erred in denying his motion to suppress the handgun discovered in his apartment by the police because: (1) the officers’ initial warrantless attempted entry into his apartment violated his constitutional rights against unreasonable searches and seizures; (2) following the illegal attempted entry, any subsequent permission he gave to the officers to search his apartment was involuntary; and (3) if this court concludes that he voluntarily consented to the search of his apartment, the consent was not sufficiently attenuated from the illegal attempted entry to remove the taint. We conclude that the attempted entry into Howell’s apartment violated his Fourth Amendment rights. However, we are satisfied that, following the illegal attempted entry, Howell voluntarily consented to the search of his apartment, and that his consent was sufficiently attenuated from the illegal attempted entry so as to remove the taint.

Therefore, we affirm the trial court’s denial of Howell’s motion to suppress.

Not recommended for publication in the official reports.

Dist I, Milwaukee County, Lamelas, J., Curley, J.

Attorneys:

For Appellant: Melinda A. Swartz, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Christian R. Larsen, Madison