Warrantless Search & Seizure

By: WISCONSIN LAW JOURNAL STAFF//January 3, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Nicole Marie DeGrave

Case No.: 2021AP000592-CR

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

Focus: Warrantless Search & Seizure

DeGrave appeals from an amended judgment convicting her of possession of methamphetamine. She challenges the denial of two suppression motions that she filed prior to her entry of a no-contest plea. Specifically, she contends that law enforcement officers improperly: (1) extended the duration of a traffic stop to allow a “canine sniff” of her vehicle; and (2) exceeded the scope of a consensual search of the vehicle. The appeals court concludes that the canine sniff did not impermissibly extend the duration of the traffic stop and that the search of the vehicle was authorized as being incident to DeGrave’s arrest, regardless of any purported consent.

Affirmed.

Decided 12/29/22

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