00-2540-CR State v. Tilley

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Darla J. Tilley appeals from the judgment convicting her of possession of a controlled substance (500 grams or less of marijuana) with intent to deliver. Tilley first challenges the trial court’s decision denying her motion to suppress the marijuana and drug paraphernalia found in her purse and tote bag. She claims that the warrantless search conducted after she was taken into protective custody pursuant to Wis. Stat. sec. 51.15 did not fall within any of the Fourth Amendment exceptions permitting a search. She also submits that the trial court erred in failing to suppress her incriminating statements made after the officer’s discovery of the drugs and drug paraphernalia because the statements were tainted by the earlier illegal search and her intoxicated mental state made her statements involuntary. Finally, Tilley challenges the trial court’s maximum sentence, which was then stayed. She claims that despite the fact that she was placed on probation, the sentence was excessively harsh and disproportionate because she was a first offender.

We affirm.

This opinion will not be published.

Dist I, Milwaukee County, Fiorenza, J., Per Curiam

Attorneys:

For Appellant: Peter M. Koneazny, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; William C. Wolford, Madison