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WI: Arrest on a warrant issued without any probable cause was not saved by GFE

By John Wesley Hall, Jr.

The good faith exception does not save an arrest after an arrest on a an arrest warrant issued without any probable cause at all. “Judicial error” does not save the warrant. State v. Hess, 2010 WI 82, 2010 Wisc. LEXIS 109 (July 15, 2010)*, affg, 2009 WI App 105, 320 Wis. 2d 600, 770 N.W.2d 769: [*P1] ... The issue presented in this case is whether the good-faith exception to the exclusionary rule permits the use of evidence obtained by a law enforcement officer in his execution of an arrest warrant that was void from the beginning because the warrant had no basis in fact or law. The State contends that suppression of evidence from a warrant issued solely as a result of judicial error would not further the purposes of the exclusionary rule...continue to full post

Full post as published by Fourth Amendment on July 19, 2010 (boomark / email).