00-2851 State v. Jackowski

Listen to this article

Accordingly, the police officers’ subsequent discovery and seizure of illegal firearms was not “fruit of the poisonous tree,” and there was no Fourth Amendment violation.

“In summary, we conclude that the issuance of the special inspection warrant authorizing a city building inspector to enter Jackowski’s building to inspect for building code violations did not violate Jackowski’s rights under the Fourth Amendment. No evidence of criminal wrongdoing obtained by police as a result of their accompanying the inspector need therefore be suppressed. Because we conclude that there was no Fourth Amendment violation, it is not necessary for us to decide, as the trial court did, that a ‘good faith exception’ should apply on the present facts.”

Affirmed.

Recommended for publication in the official reports.

Dist IV, Milwaukee County, Moroney, J., Deininger, J.

Attorneys:

For Appellant: Thomas E. Hayes, Milwaukee; Ronald C. Shikora, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Stephen W. Kleinmaier, Madison