Search and Seizure — exclusionary rule — good faith exception

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Wisconsin Court of Appeals

Criminal

Search and Seizure — exclusionary rule — good faith exception

Even if a search was unlawful, the good faith exception to the exclusionary rule applies where the officers relied on applicable case law at the time.

“Gary Monroe Scull appeals from a judgment of conviction entered following his guilty plea to one count of possession with intent to deliver more than forty grams of cocaine and to one count of keeping a drug house. Scull argues that the circuit court erred in denying his motion to suppress because the police violated his Fourth Amendment rights when they brought a drug-sniffing dog to the front door of his residence without a warrant or probable cause. After the circuit court denied Scull’s motion to suppress, and after Scull filed his notice of appeal, the United States Supreme Court ruled that ‘[t]he government’s use of trained police dogs to investigate the home and its immediate surroundings is a “search” within the meaning of the Fourth Amendment.’ See Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013). As such, it is clear that the police did, in fact, violate Scull’s Fourth Amendment rights when they brought a drug-sniffing dog to his front door without a search warrant or probable cause. Nonetheless, because the police then obtained a search warrant in good faith, although based, in part, on the prior illegal search, we conclude that the good-faith exception to the exclusionary rule applies, and we affirm.”

Affirmed.

Recommended for publication in the official reports.

2011AP2956-CR State v. Scull

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

Attorneys: For Appellant: Loeb, Basil M., Wauwatosa; For Respondent: Loebel, Karen A., Milwaukee; Noet, Nancy A., Madison