Motion to Suppress Evidence Denied

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. J.P.,

Case No.: 2017AP1905

Officials: Brennan, J.

Focus: Motion to Suppress Evidence Denied

J.P. appeals the trial court’s denial of his suppression motion as well as the court’s entry of a restitution order for lost instructional time. With regard to the suppression motion, J.P. argues on appeal that there was no probable cause for his arrest or the seizure of his phone, and that because he alone had the authority to give consent, his mother’s consent was without lawful authority and accordingly the resultant search of his phone was unlawful. Additionally, he argues his confession was involuntary.

With regard to the restitution order, J.P. argues that the court lacked authority to enter an award for lost instructional time under the juvenile restitution statute, WIS. STAT. § 938.34(5) and the order must be vacated. We conclude that the denial of J.P.’s suppression motion was proper because probable cause existed for J.P.’s arrest and the seizure of the phone. We conclude that his mother’s consent to search the phone provided a lawful basis for the search because she had actual authority to consent and her consent was not involuntary. We conclude that J.P.’s confession was voluntary. But we reverse the trial court’s entry of a restitution order for lost instructional time because although the adult restitution statute explicitly authorizes such restitution, the juvenile restitution statute does not.

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.