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Motion to Suppress – Probable Cause

By: Derek Hawkins//October 13, 2015//

Motion to Suppress – Probable Cause

By: Derek Hawkins//October 13, 2015//

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Criminal

Court of Appeals – District I

Officials: Curley, P.J., Kessler and Bradley, JJ.

Motion to Suppress – Probable Cause

2014AP1980-CR State of Wisconsin V. David Jerome Gant

David Jerome Gant appeals from a judgment entered on guilty pleas to ten counts of possession of child pornography, contrary to WIS. STAT. § 948.12(1m) (2009-10). Gant claims all the child pornography found on his computer should be suppressed because the police violated his Fourth Amendment rights by seizing his computer without probable cause and keeping it for ten months. We hold that the police had probable cause to seize Gant’s computer following the unnatural, violent death of his wife, and even if the seizure became unlawful because of its duration, suppression of the evidence of child pornography is not the proper remedy because the police found the evidence after getting a search warrant based on independent sources and the search was sufficiently attenuated from any unlawful retention of the computer. We affirm.

Decision

Affirmed. Recommended for Publication

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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