Motion to Suppress

By: Derek Hawkins//February 16, 2016//

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WI Supreme Court

Case Name: State of Wisconsin v. Charles V. Matalonis

Case No: 2014AP108-CR

Focus: Motion to Suppress

Warrantless search of appellant’s home by police was reasonably exercised

“Taken together, our balancing test shows: (1) a significant public interest and an exigent situation; (2) a significant intrusion on Matalonis’s constitutional rights, but one tailored to the needs of the situation; and (3) few or no available, feasible, and effective alternatives. We conclude that, on balance, the officers’ exercise of the community caretaker function was reasonable “because the public interest in the search outweighed [Matalonis’s] privacy interests.” Gracia, 345 Wis. 2d 488, ¶30.”

ABRAHAMSON, J., dissents. (Opinion Filed)

PROSSER, ABRAHAMSON, A.W. BRADLEY, J.J.J., dissent. (Opinion Filed)

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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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