State v. Marquardt

¶ 72. (concurring in part and dissenting in part). This case is best understood as illustrating the aphorism that "hard *237cases make bad law." This is a hard case because suppression of the evidence may jeopardize prosecution of Marquardt, who is charged with first degree intentional homicide.

¶ 73. I would not apply the good faith exception. I would remand the cause to the circuit court for an evidentiary hearing to determine whether the seized items are admissible under the inevitable discovery doctrine.1

¶ 74. The Fourth Amendment protects each of us against unreasonable searches and seizures.…