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Warrantless Entry

By: Derek Hawkins//June 22, 2016//

Warrantless Entry

By: Derek Hawkins//June 22, 2016//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Julie C. Phillips

Case No.: 2015AP927-CR

Officials: HRUZ, J.

Focus: Warrantless Entry

Julie Phillips appeals a judgment convicting her of one count of possession of tetrahydrocannabinols (THC) and one count of possession of drug paraphernalia, both counts as a party to a crime. Phillips argues the circuit court erred by denying her motion to suppress evidence seized following police officers’ warrantless entry into her residence. The circuit court concluded the warrantless entry was constitutionally permissible under the exigent circumstances exception to the warrant requirement. We conclude the evidence introduced at the suppression hearing was insufficient to establish exigent circumstances necessary to excuse the presumptively unconstitutional, warrantless entry into Phillips’ home. We therefore reverse.

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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.[/box]

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