00-3506-CR State v. Moss

By: dmc-admin//November 12, 2001//

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Robert Moss appeals a judgment convicting him of possession of cocaine with intent to deliver it. He claims the trial court erred in denying his motion to suppress evidence which police seized from a residence he was occupying at the time of his arrest. Specifically, Moss contends that, contrary to the trial court’s conclusion, he had a legitimate expectation of privacy in the premises and thus was entitled to challenge the reasonableness of the search and seizure.

We agree, and accordingly we reverse Moss’ conviction and remand for a determination of whether police violated Moss’ rights under the Fourth Amendment when they entered the residence and seized the evidence.

Not recommended for publication in the official reports.

Dist I, Milwaukee County, Fiorenza, J., Deininger, J.

Attorneys:

For Appellant: Richard L. Kaiser, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Diane M. Welsh, Madison

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