Suppression of Evidence-Probable Cause to Search Vehicle

By: WISCONSIN LAW JOURNAL STAFF//April 24, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Caprice S. Barksdale, Jr.

Case No.: 2021AP001528-CR

Officials: Donald, P.J., Dugan and White, JJ.

Focus: Suppression of Evidence-Probable Cause to Search Vehicle

The State of Wisconsin appeals from an order of the circuit court granting a motion to suppress that was filed by the defendant, Barksdale. On appeal, the State argues that the circuit court erroneously granted Barksdale’s motion to suppress because the circuit court applied the incorrect probable cause standard and made erroneous factual findings related to the officer’s testimony about the basis for the search. Upon review, the appeals court agrees with the State. The circuit court applied an incorrect standard when reviewing the motion and its finding that the officer could not detect the odor of burnt marijuana was clearly erroneous

Reversed and Remanded.

Decided 04/18/23

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