Illegal Search By Deputy Spurs Overturned Conviction
A recent case out of the District III Wisconsin Court of Appeals is a simple example of how your constitutional rights can affect your case, whether at trial or at the appeal level. A Wisconsin man saw his felony conviction overturned after it was determined the evidence in the case was part of an illegal search.
Apparently a Sheriff’s Deputy came to Ralph Davis’ home to take a report on some stolen property that Davis had reported. After knocking on the front door and getting no answer, the deputy walked through an open garage door and into a foyer area. It was there that he saw a rifle propped up against the wall. Davis returned home and asked the Deputy to leave.
When the Deputy returned to the station he learned that Davis was a felon and was not allowed to have a rifle. Using this information they got a warrant to search the entire home, found several weapons, and charged Davis with 12 felony counts of possession of a firearm.
Davis and his defense attorney argued at trial to have the evidence thrown out but to no avail. He ended up pleading guilty.
But the appeals court decided differently, determining the initial infringement onto the property and into the garage was a violation of Davis’ protection against unreasonable searches and seizures. They determined the evidence eventually seized was “fruit of the poisonous tree” (or a result of the initial illegal search) and overturned the conviction.
Had the open garage door been the only entrance to the home, it may have been allowed for the officer to enter it in order to approach a doorbell or to knock on the door. But it wasn’t the “least intrusive means of establishing contact” with Davis.
Also, when you leave your garage door open, you automatically reduce your expectation of privacy. Had the gun been visible from outside the open garage door, the Deputy could have seen it without infringing on the physical property and no illegal search would have taken place.
The Constitution protects us, as citizens, from infringement on our properties and persons. The 4th Amendment in particular protects against unreasonable searches and seizures. Often a misstep in procedure by the police can cause a search to be considered unconstitutional and void the evidence seized as a result.
This is something all criminal defense attorneys know to look at when reviewing a criminal case. If you’ve been charged with a criminal offense and have questions about the search or simply want a free initial consultation on your case, contact our offices today.
