Unlawful Seizure – Suppression of Evidence

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Robby R. Walentowski

Case No.: 2020AP865-CR

Officials: Gundrum, P.J., Neubauer and Reilly, JJ.

Focus: Unlawful Seizure – Suppression of Evidence

Robby R. Walentowski appeals a judgment of conviction, entered upon his guilty pleas, for five counts of possession of child pornography. He argues the circuit court erred by denying his motion to suppress evidence obtained from a search of his cellular telephone, under circumstances where the phone was confiscated during an unlawful seizure of his person under Bailey v. United States, 568 U.S. 186 (2013). Like the circuit court, we conclude the inevitable discovery doctrine applies because police had already obtained a search warrant that authorized police to confiscate any “cellular/digital telephones” and the State established by a preponderance of the evidence that, but for the illegal seizure a short distance from the home, Walentowski’s iPhone would have been discovered and seized when he arrived at the residence. Accordingly, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.