Search and Seizure – probable cause

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Wisconsin Court of Appeals

Criminal

Search and Seizure – probable cause

Where probable cause was present, the circuit court erred in suppressing evidence based on a finding that the officer was not credible.

“The circuit court, when suppressing the evidence discovered in the trunk of Jackson’s car, relied exclusively on its finding that Officer Baranowski’s testimony that he smelled fresh marijuana emanating from the trunk was not credible. However, in so finding, the circuit court neglected to consider whether there were other grounds on which the police could permissibly search the trunk. We conclude, that regardless of whether Officer Baranowski truthfully testified that he could smell marijuana in the trunk of the car, the officers had probable cause to search the trunk based upon the evidence of drug dealing they lawfully found in the passenger compartment, to wit, the marijuana residue, the scale, and the substantial cash divided into small bills.”

Reversed and Remanded.

Recommended for publication in the official reports.

2012AP1692-CR State v. Jackson

Dist. I, Milwaukee County, Guolee, J., Brennan, J.

Attorneys: For Appellant: Loebel, Karen A., Milwaukee; Lovern, Kent L., Milwaukee; Larson, Sara Lynn, Madison; For Respondent: Glover, John C., Milwaukee