Warrantless Search – Probable Cause

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Synika Antonio Kirk

Case No.: 2019AP175-CR

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

Focus: Warrantless Search – Probable Cause

Synika Kirk appeals a judgment, entered upon his guilty plea, convicting him of conspiracy to manufacture or deliver between 2500 and 10,000 grams of tetrahydrocannabinols (THC), contrary to WIS. STAT. § 961.41(1)(h)4. (2017-18). Kirk contends the circuit court erred by denying his motion to suppress evidence found during a warrantless search of his automobile. Specifically, he argues the court erred by determining the search—which was conducted while Kirk’s automobile was loaded and being carried on a car transport truck—was permissible under the so-called automobile exception to the warrant requirement. We conclude the officer who performed the warrantless search had probable cause to search Kirk’s automobile. Consequently, the court properly determined the automobile exception to the warrant requirement applied, and we 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.