Probable Cause Unlawful Entry.
Byline: Derek Hawkins
WI Court of Appeals District III
Case Name: State of Wisconsin v. Michael R. McGinnis
Case No.: 2018AP1388-CR
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Probable Cause Unlawful Entry
The State of Wisconsin appeals an order granting Michael McGinnis's motion to suppress evidence obtained during his arrest. The State acknowledges that there was an unlawful entry into McGinnis's residence, and that, as a result, the circuit court properly suppressed evidence and statements the police obtained while inside the residence. The State contends, however, that because the police officer possessed probable cause to arrest McGinnis at the time of the unlawful entry, evidence and statements police subsequently gathered while outside the residence need not be suppressed.
We agree with the State and conclude that at the time of the unlawful entry into McGinnis's residence, law enforcement possessed probable cause to arrest McGinnis for operating a vehicle with a prohibited alcohol concentration (PAC). As a result, pursuant to New York v. Harris, 495 U.S. 14 (1990), and State v. Felix, 2012 WI 36, 339 Wis. 2d 670, 811 N.W.2d 775, the...
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