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Motion to Suppress Evidence

By: Derek Hawkins//July 25, 2018//

Motion to Suppress Evidence

By: Derek Hawkins//July 25, 2018//

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WI Supreme Court

Case Name: State of Wisconsin v. Christopher John Kerr

Case No.: 2018 WI 87

Focus: Motion to Suppress Evidence

This is a review of the Bayfield County circuit court’s order granting Christopher John Kerr’s (“Kerr”) motion to suppress evidence discovered during a search incident to arrest on the basis that “‘judicial integrity’ is vital enough to justify exclusion of evidence when the issuing court’s arrest warrant was invalid ab initio.” We reverse.

Reversed and Remanded

Concur: ZIEGLER, J., concurs, joined by ROGGENSACK, C.J., GABLEMAN, J., and KELLY, J., (joins footnote 2) (opinion filed).

Dissent: A.W. BRADLEY, J., dissents, joined by ABRAHAMSON, J. (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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