State v. Brady

James Brady is charged with theft by fraud, sec. 943.20(1) (d), Stats. He previously had been arrested to secure his presence as a witness in another matter, a John Doe proceeding. The state appeals from an order suppressing evidence resulting from that arrest. The issues are: (1) may a John Doe judge issue a material witness warrant under sec. 969.01(3), Stats.; (2) if not, did defendant’s arrest on such a warrant violate his right against unreasonable search and seizure; and (3) does the exclusionary rule apply to the violation. We hold that the warrant was invalid, the arrest was unlawful…