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4th Amendment Violation – Seizure
By: Derek Hawkins//April 17, 2018//
Listen to this articleWI Court of Appeals – District I
Case Name: State of Wisconsin v. Marque D. Cummings
Case No.: 2017AP1583-CR
Officials: BRASH, J.
Focus: 4th Amendment Violation – Seizure
The State appeals the trial court’s grant of a motion to suppress evidence relating to charges brought against Marque D. Cummings for possession of tetrahydrocannabinols (THC). Cummings successfully argued to the trial court that the evidence was seized as the result of an unlawful search and was therefore in violation of the Fourth Amendment. In contrast, the State maintains that the initial stop of Cummings was not a seizure, and thus the constitutional protections of the Fourth Amendment are not applicable. The State further asserts that even if the stop of Cummings is deemed to be a seizure, the police officers had reasonable suspicion that Cummings had engaged in, or was about to engage in, criminal activity. We affirm.
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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