Motion To Suppress – Warrantless Entry

By: Derek Hawkins//April 18, 2016//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Michael A. Durham

Case No.: 2015AP1978-CR

Officials: STARK, P.J.

Focus: Motion To Suppress – Warrantless Entry

Michael Durham appeals a judgment convicting him of resisting an officer. Durham argues the circuit court erred by denying his motion to suppress evidence obtained after police entered his home without a warrant. The circuit court concluded the warrantless entry was permissible under both the community caretaker and exigent circumstances exceptions to the warrant requirement. We conclude neither exception applies. Accordingly, the circuit court should have granted Durham’s motion to suppress all evidence obtained as a result of the warrantless entry. We therefore reverse the judgment of conviction.

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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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