02-0583 State v. Keith

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“We acknowledge that at least two prior Wisconsin decisions seemingly support the type of analysis suggested by Keith. See State v. Slawek, 114 Wis. 2d 332, 338 N.W.2d 120 (Ct. App. 1983) (police officers outside their jurisdiction arrested defendant after observing him commit a burglary); City of Waukesha v. Gorz, 166 Wis. 2d 243, 479 N.W.2d 221 (Ct. App. 1991) (officer outside his jurisdiction stopped a suspected drunk driver). However, neither case holds that suppression is required merely because a police officer acts without authority outside his or her jurisdiction and neither case suggests any reason to ignore the well-established rule that suppression is required only when evidence is obtained in violation of a constitutional right or in violation of a statute providing suppression as a remedy.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist IV, Dodge County, Bissonnette, J., Lundsten, J.

Attorneys:

For Appellant: Christopher A. Mutschler, Fond du Lac

For Respondent: Gilbert G. Thompson, Juneau; Kathleen M. Ptacek, Madison