2010AP346-CR State v. Felix

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Search and Seizure
Warrantless home searches

Devin Felix appeals a judgment of conviction for second-degree intentional homicide. Felix argues the circuit court erroneously denied his motions to suppress statements and physical evidence obtained after he was arrested in his home without a warrant and his automobile was seized and searched.

As to the warrantless arrest, the State abandons the rationale relied upon in the circuit court. Instead, the State argues that even if Felix’s arrest was unconstitutional, federal case law dictates that Felix is not entitled to suppression. We conclude the federal case conflicts with prior and subsequent Wisconsin Supreme Court precedent. Therefore, we reverse and direct the circuit court to suppress the statements and physical evidence obtained following Felix’s illegal arrest, except that any evidence obtained from Felixís automobile or pursuant to the consent search of Felix’s home shall remain admissible.

This opinion will not be published.

2010AP346-CR State v. Felix
Dist III, Marathon County, Richards, J., Per Curiam
Attorneys: For Appellant: Kachinsky, Leonard D., Appleton; For Respondent: Heimerman, Kenneth J., Wausau; Moeller, Marguerite M., Madison

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