Warrantless Search – Suppression of Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Steven W. Bowers

Case No.: 2021AP001767-CR

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

Focus: Warrantless Search – Suppression of Evidence

The State of Wisconsin appeals from the circuit court’s decision suppressing evidence obtained from a search of Taylor County Detective Sergeant Bowers’ Dropbox account (Account). Bowers used his Taylor County e-mail address to create the Account, which he allegedly used to share confidential sheriff’s department case files with the producers of a television show.

Bowers was charged with misconduct in public office, and he filed a motion to suppress evidence on the basis that law enforcement conducted a warrantless search of his Account in violation of the Fourth Amendment. The circuit court ultimately granted Bowers’ motion, and the State filed a motion for reconsideration of that decision, which the court denied. On appeal, the State argues that Bowers had no reasonable expectation of privacy in his Account, and, in the alternative, if a search occurred, the warrantless search was justified by probable cause and exigent circumstances.

The appeals court concludes that the circuit court properly denied the State’s motion for reconsideration of its decision suppressing evidence obtained from the search of Bowers’ Account. Bowers had both a subjective and objective reasonable expectation of privacy in his Account. Therefore, law enforcement engaged in an unlawful search of his Account within the meaning of the Fourth Amendment, and no exigent circumstances justified a warrantless search of the Account.

Affirmed.

Decided 12/29/22

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