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OWI – Suppression of Evidence

By: Derek Hawkins//October 22, 2019//

OWI – Suppression of Evidence

By: Derek Hawkins//October 22, 2019//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jesse J. Jennerjohn

Case No.: 2018AP1762-CR

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

Focus: OWI – Suppression of Evidence

Jesse Jennerjohn appeals a judgment convicting him of possession with intent to deliver tetrahydrocannabinols (THC). He contends the circuit court erred by denying his motion to suppress evidence that police found during a warrantless search of his residence. The State argues the search was permissible under the community caretaker exception to the warrant requirement. We conclude, however, that the officers were not exercising a bona fide community caretaker function when they searched Jennerjohn’s residence, and, even if they were, the public interest in searching the residence did not outweigh the intrusion upon Jennerjohn’s privacy. As such, the community caretaker exception is inapplicable, and the warrantless search of Jennerjohn’s residence was unconstitutional.

The State argues, in the alternative, that even if the search was unconstitutional, “exclusion is not an appropriate remedy under the circumstances.” We disagree, for the reasons explained below. Accordingly, we reverse Jennerjohn’s judgment of conviction and remand with directions that the circuit court grant Jennerjohn’s suppression motion.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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