State v. Payano-Roman

WEDEMEYER, PJ.

¶ 1. Tomas R. Payano-Roman appeals from a judgment entered after he pled guilty to one count of possession of heroin, contrary to Wis. Stat. § 961.41(3g)(a)2 (2003-04). He claims the trial court erred in denying his motion to suppress. Because there is insufficient evidence in the record to support the trial court's determination that the laxative treatment administered to Payano-Roman was motivated out of medical necessity for his well-being, we reverse.

I. BACKGROUND

¶ 2. On April 12, 2002, Milwaukee Police Officers Corey Parker and Scott Stiff were conducting surveillance near…