State Supreme Court sets precedent to allow suppression of evidence as remedy for statutory violation
June 6, 2008 Wisconsin Law Journal
What the court heldCase: State of Wisconsin v. Popenhagen, No. 2006AP1114-CR.
Issue: Is suppression a proper remedy for the state?s violation of sec. 968.135 in obtaining the defendant’s bank records? Holding: Yes. The statute includes suppression as a remedy, and even if it did not, express authorization of suppression as [...]
No infraction, no legal stop Mike Sheahon won in State v. Ryan, No. 98,027 (Kan. App. Nov. 21, 2007) (unpublished), affirming Judge Hebert's suppression order in a Saline County drug prosecution. In a pretty short opinion, the COA notes that there was disputed evidence whether the pretextual infraction occurred at all:Here, the trial court's ruling that the State failed to meet its burden could be construed as a negative finding of fact...