Legal Opinion

State v. Hess

Wisconsin Supreme Court

Decided July 15, 2010No. 2008AP2231-CRPublishedCited by 27 opinions

1Opinion of the CourtDavid T. Prosser, J.

¶ 1. 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.

¶ 2. We conclude that the good-faith exception to the exclusionary rule does not apply to a situation in which: (1) no facts existed that would justify…

2Cases cited42 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. Mapp v. OhioSupreme Court of the United States · 1961
  4. United States v. LeonSupreme Court of the United States · 1984
  5. Weeks v. United StatesSupreme Court of the United States · 1914

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3Cited by27 opinions

  1. State of Tennessee v. Charlotte Lynn Frazier And Andrea ParksTennessee Supreme Court · 2018
  2. State v. Gary Monroe ScullWisconsin Supreme Court · 2015
  3. State v. Cassius A. FosterWisconsin Supreme Court · 2014
  4. State v. Kenneth M. SobczakWisconsin Supreme Court · 2013
  5. County of Grant v. Daniel A. VogtWisconsin Supreme Court · 2014

22 more not listed; retrieve them via the Exa API.

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