State v. Knapp

LOUIS B. BUTLER, JR., J.

¶ 1. This case is on remand from the United States Supreme Court,1 which vacated our decision in State v. Knapp, 2003 WI 121, *89265 Wis. 2d 278, 666 N.W. 2d 881 (Knapp I). In Knapp I, this court concluded that physical evidence obtained as the direct result of a Miranda2 violation is inadmissible when the violation was an intentional attempt to prevent the suspect from exercising Fifth Amendment rights. Id., ¶ 78. In light of United States v. Patane, 542 U.S. 630, 124 S. Ct. 2620 (2004), in which a plurality of the Court concluded that the fruit of the poisonous tree…