Motion to Suppress Evidence Denied Warrantless Search.

 
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Byline: Derek Hawkins

WI Supreme Court

Case Name: State of Wisconsin v. Faith N. Reed

Case No.: 2018 WI 109

Focus: Motion to Suppress Evidence Denied Warrantless Search

This is a review of an unpublished decision of the court of appeals affirming a judgment of conviction of the Circuit Court for Monroe County, David Rice, Judge. The case was decided by one judge, Judge Brian Blanchard, pursuant to Wis. Stat. 752.31(2)(f) (2015-16). Faith Reed, the defendant, was convicted of possession of a controlled substance in violation of Wis. Stat. 961.41(3g)(b) and bail jumping in violation of Wis. Stat. 946.49(1)(a), both misdemeanors.

In the circuit court, Reed claimed that the officer's warrantless entry into her apartment, sometimes referred to here as Unit 206, violated her rights under the Fourth Amendment of the United States Constitution and Article I, Section 11 of the Wisconsin Constitution. Reed argued that the warrantless entry into her apartment was not justified under any of the well-recognized exceptions to the Fourth Amendment's warrant requirement. Specifically, Reed contended that the officer did not have consent to enter her apartment and that exigent circumstances did not exist justifying entrance to her apartment. Consequently, she argued that the evidence obtained during the searches of her apartment and her person should be suppressed.

We conclude as follows: (1) the law enforcement officer did not have consent to enter Reed's apartment; (2) even if the officer had initially been given consent to enter the apartment, which he was not, consent would have been unequivocally revoked before the officer's entry into the apartment...

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