Suppression of Evidence

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

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Zachary James Marek

Case No.: 2017AP292-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Suppression of Evidence

Zachary Marek appeals a judgment entered following his guilty plea, convicting him of second-degree sexual assault, and an order denying his postconviction motion. Marek contends the results of a DNA test should have been suppressed because he was illegally arrested without probable cause, and his illegal arrest tainted his subsequent consent to submit a DNA sample. We conclude that, even assuming Marek was arrested without probable cause, his consent to submit a DNA sample was sufficiently attenuated from the arrest so as to purge the taint of any illegality. We therefore 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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