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Warrantless Search – Suppression of Evidence

By: WISCONSIN LAW JOURNAL STAFF//March 6, 2023//

Warrantless Search – Suppression of Evidence

By: WISCONSIN LAW JOURNAL STAFF//March 6, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Brooke K. Eder

Case No.: 2021AP000485-CR

Officials: Hruz, J.

Focus: Warrantless Search – Suppression of Evidence

Eder appeals from a judgment convicting her of possession of amphetamine. Eder contends that the circuit court erred by denying her motions to suppress evidence that was found during a search of her apartment. The search in question was conducted pursuant to a warrant. The search warrant affidavit, however, relied on evidence that was discovered during a prior warrantless search of the basement of Eder’s apartment building. The warrantless search of the basement followed an initial search of Eder’s apartment, which was conducted pursuant to a warrant that authorized police to enter the apartment to find a man named Joshua Estes. The search warrant identified Estes as the object of the search. Because Eder had a subjective expectation of privacy in the apartment building’s basement, and because society is willing to recognize that expectation as reasonable, the appeals court concludes that Eder has standing to challenge law enforcement’s warrantless search of the basement.

Reversed and remanded.

Decided 02/28/23

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