Legal Opinion

State v. Kirby

Court of Appeals of Wisconsin

Decided June 11, 2014No. 2013AP896-CRPublishedCited by 2 opinions

1Opinion of the CourtBrown, C.J.

¶ 1. Cordarol Kirby appeals his conviction for possessing a sawed-off shotgun, arguing that the evidence of it should be suppressed because a police officer entered the premises containing the shotgun without a warrant, without consent, and without exi*426gent circumstances to enter. We hold that whether the officer was over the threshold a few steps does not matter. This is because the officers were lawfully present at the scene when they were apprised that there was a shotgun in a backpack associated with the men who were being questioned, most of whom were still inside the apartment, feet away…

2Cases cited8 opinions

  1. Kentucky v. KingSupreme Court of the United States · 2011
  2. State v. TomlinsonWisconsin Supreme Court · 2002
  3. State v. WhitrockWisconsin Supreme Court · 1991
  4. State v. JohnsonCourt of Appeals of Wisconsin · 1993
  5. State v. TrecrociCourt of Appeals of Wisconsin · 2001

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3Cited by2 opinions

  1. State v. Faith N. ReedWisconsin Supreme Court · 2018
  2. State v. Faith N. ReedWisconsin Supreme Court · 2018

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