Warrantless Search & Seizure – Exigent Circumstances

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jeremy J. Deen

Case No.: 2020AP1399-CR

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

Focus: Warrantless Search & Seizure – Exigent Circumstances 

Jeremy Deen appeals a judgment convicting him, upon his no-contest plea, of one count of possession of child pornography. Deen argues the circuit court erred by denying his motion to suppress evidence discovered during a search of his cell phone. Although the search was conducted pursuant to a search warrant, the phone was initially seized without a warrant, and Deen contends that the warrantless seizure violated his Fourth Amendment rights. Like the circuit court, however, we conclude that the warrantless seizure was permissible under the exigent circumstances exception to the warrant requirement because, under the facts known at the time, a law enforcement officer would have reasonably believed that the delay required to procure a search warrant would risk the destruction of evidence. We therefore affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.