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Probable Cause – Unlawful Entry

By: Derek Hawkins//November 13, 2019//

Probable Cause – Unlawful Entry

By: Derek Hawkins//November 13, 2019//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Michael R. McGinnis

Case No.: 2018AP1388-CR

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

Focus: Probable Cause – Unlawful Entry

The State of Wisconsin appeals an order granting Michael McGinnis’s motion to suppress evidence obtained during his arrest. The State acknowledges that there was an unlawful entry into McGinnis’s residence, and that, as a result, the circuit court properly suppressed evidence and statements the police obtained while inside the residence. The State contends, however, that because the police officer possessed probable cause to arrest McGinnis at the time of the unlawful entry, evidence and statements police subsequently gathered while outside the residence need not be suppressed.

We agree with the State and conclude that at the time of the unlawful entry into McGinnis’s residence, law enforcement possessed probable cause to arrest McGinnis for operating a vehicle with a prohibited alcohol concentration (PAC). As a result, pursuant to New York v. Harris, 495 U.S. 14 (1990), and State v. Felix, 2012 WI 36, 339 Wis. 2d 670, 811 N.W.2d 775, the evidence police obtained outside of McGinnis’s residence following the unlawful entry is admissible against McGinnis in his criminal prosecution. We therefore reverse, in part, the order granting McGinnis’s suppression motion and remand for further proceedings consistent with this opinion.

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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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