2009AP933-CR State v. Kucik

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Jason W. Kucik appeals from a judgment of conviction, entered on a jury’s verdict, for two counts of possessing a short-barreled shotgun, contrary to Wis. Stat. § 941.28(2) (2007-08). At the time police officers found two illegal shotguns in Kucik’s apartment, they were taking Kucik into protective custody pursuant to a Wis. Stat. § 51.15 emergency detention. The illegal shotguns were not in plain view, but they were discovered after the officers decided to seize, for safekeeping, some legal guns that were stored in a gun cabinet. The removal of the legal guns led to the discovery of the illegal shotguns, which were not previously visible when the officers looked in the gun cabinet. Kucik argues that the officers had no legal basis to seize the legal guns that led to the discovery of the illegal shotguns, and that his pretrial motion to suppress the guns therefore should have been granted. At oral argument, the State argued that the legal guns could be seized because they were in plain view and at the time of the seizure the officers had probable cause to believe the guns were evidence of a crime. We agree with the State that even though the trial court did not rely on this reasoning when it denied Kucik’s motion to suppress, this reasoning provides an alternate basis to affirm the trial court. We affirm. Not recommended for publication in the official reports.

2009AP933-CR State v. Kucik

Dist I, Milwaukee County, Konkol, J., Curley, P.J.

Attorneys: For Appellant: Nitschke, Thomas J., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Wellman, Sally L., Madison; Remington, Christine A., Madison

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