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Warrantless Search – Suppression of Evidence

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

Warrantless Search – Suppression of Evidence

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

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Quentin James Eichman

Case No.: 2021AP002014-CR

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

Focus: Warrantless Search – Suppression of Evidence

Eichman appeals from a judgment convicting him of one count of possession of methamphetamine. Eichman argues that the circuit court erred by denying his motion to suppress evidence found during a warrantless pat-down search. The appeals court agrees with the State that the pat-down search was a permissible search incident to arrest.  During a search incident to arrest, an officer is entitled to seize any “‘fruits, instrumentalities, or contraband’ probative of criminal conduct.”

Affirmed.

Decided 12/29/22 

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