4th Amendment Violation Search & Seizure.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: State of Wisconsin v. Ashley L. Monn

Case No.: 2019AP640-CR

Officials: HRUZ, J.

Focus: 4th Amendment Violation Search & Seizure

Ashley Monn appeals a judgment of conviction, entered upon her guilty plea, to misdemeanor possession of amphetamine in violation of WIS. STAT. 961.41(3g)(d). Monn argues the circuit court erred by denying her motions to suppress evidence obtained after law enforcement officers executed an outstanding arrest warrant at the residence of the individual subject to the warrant, a residence at which Monn was staying for the evening.

There are multiple searches and seizures that occurred in this case implicating the Fourth Amendment. At least two of these violated Monn's constitutional rights. Specifically, assuming that the officers' initial seizure of Monn was lawful, we agree that her seizure lasted longer than was necessary to effectuate its purposes, making its continuation unreasonable and, therefore, unlawful. We also...