Search Warrant – Probable Cause

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jeffery L. Summers

Case No.: 2019AP53-CR

Officials: Blanchard, Kloppenburg, and Nashold, JJ.

Focus: Search Warrant – Probable Cause

Jeffery L. Summers appeals the circuit court’s denial of his motion to suppress evidence, and his subsequent judgment of conviction for two counts of delivery of tetrahydrocannabinols (THC). Summers challenges the validity of a search warrant that authorized the search and seizure of evidence at his residence based on a supporting affidavit that referenced, in chronological order, statements by a confidential informant, an unconstitutional video-recorded search of Summers’ residence, and three controlled buys of marijuana by the informant from Summers. Specifically, Summers argues that the affidavit did not suffice to establish probable cause because it was tainted by an unconstitutional search. Following the analysis set forth in State v. Carroll, 2010 WI 8, ¶28, 322 Wis. 2d 299, 778 N.W.2d 1, we reject Summers’ arguments and affirm.

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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.