Motion to Suppress

By: Derek Hawkins//September 27, 2016//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jessie Lamar Weathersby

Case No.: 2015AP974-CR

Officials: Kessler, Brennan and Brash, JJ.

Focus: Motion to Suppress

The State of Wisconsin appeals from an order of the circuit court that granted Jessie Lamar Weathersby’s motion to suppress evidence. The circuit court concluded that a police officer had seized Weathersby when the officer activated the emergency lights on his unmarked squad car, but the officer lacked reasonable suspicion to detain Weathersby at that time, so any evidence seized during the stop should be suppressed. We conclude that a seizure did not occur when the officer activated his lights and, when it did occur, it was supported by reasonable suspicion. We therefore reverse the suppression order and remand this matter for further proceedings not inconsistent with this opinion.

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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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