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4th Amendment Violation – Search & Seizure

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Ashley L. Monn

Case No.: 2019AP640-CR

Officials: HRUZ, J.

Focus: 4th Amendment Violation – Search & Seizure

Ashley Monn appeals a judgment of conviction, entered upon her guilty plea, to misdemeanor possession of amphetamine in violation of WIS. STAT. § 961.41(3g)(d). Monn argues the circuit court erred by denying her motions to suppress evidence obtained after law enforcement officers executed an outstanding arrest warrant at the residence of the individual subject to the warrant, a residence at which Monn was staying for the evening.

There are multiple searches and seizures that occurred in this case implicating the Fourth Amendment. At least two of these violated Monn’s constitutional rights. Specifically, assuming that the officers’ initial seizure of Monn was lawful, we agree that her seizure lasted longer than was necessary to effectuate its purposes, making its continuation unreasonable and, therefore, unlawful. We also agree with Monn that the consent she gave to the officers to search her purse was constitutionally invalid because she was unlawfully seized at the time she consented to that search. We therefore reverse Monn’s judgment of conviction, and we remand the matter with directions for the circuit court to grant her first-filed 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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