Search and Seizure — search incident to arrest — good faith exception

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Wisconsin Court of Appeals

Criminal

Search and Seizure — search incident to arrest — good faith exception

The State appeals from an order suppressing evidence obtained following Cindy R. Billips’ arrest for operating a motor vehicle while intoxicated (OWI). The State contends that the circuit court erred in suppressing the marijuana seized from Billips’ vehicle during a search incident to her arrest, as well as her statements made after the evidence was obtained. Based on the totality of the circumstances, we conclude that the search of Billips’ vehicle incident to her arrest for OWI was lawful and, therefore, the circuit court erred in suppressing the evidence recovered during that search. We further conclude that the admissibility of Billips’ statements, should the State attempt to rely on them on remand, depends on whether the State is able to carry its burden at a Miranda-Goodchild hearing. We reverse and remand for further proceedings. This opinion will not be published.

2009AP2493-CR State v. Billips

Dist II, Racine County, Torhorst, J., Neubauer, P.J.

Attorneys: For Appellant: Weber, Gregory M., Madison; Balter, Corinne L., Racine; For Respondent: Muth, R. Timothy, Milwaukee; MacArdy, Amy Lynn, Milwaukee