State v. Johnson

Duane Johnson appeals from a judgment convicting him of possession of marijuana, § 161.41(3r), Stats., a misdemeanor. Johnson pleaded guilty to the charge after the trial court denied his motion to suppress evidence. Johnson contends that the evidence was seized in violation of his Fourth and Fourteenth Amendment rights, and was therefore inadmissible on the possession charge. He seeks review of the order denying his motion under § 971.31(10), Stats. We conclude that the trial court should have suppressed the evidence. We therefore reverse the judgment of conviction and remand for further…