2010 WI 85
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Supreme Court of |
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Case No.: |
2007AP900-CR |
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Complete Title: |
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State of Plaintiff-Appellant, v. Michael A. Littlejohn, Defendant-Respondent-Petitioner. |
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REVIEW OF A COURT OF APPEALS DECISION 2008 WI App 45 Reported at: 307 (Ct. App. 2008-Published) |
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Opinion Filed: |
July 15, 2010 |
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Submitted on Briefs: |
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Oral Argument: |
April 13, 2010 |
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Source of Appeal: |
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Court: |
Circuit |
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County: |
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Judge: |
Steven L. Abbott |
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Justices: |
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Concurred: |
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Dissented: |
ABRAHAMSON, C.J.,
dissents (opinion filed). BRADLEY, J.,
joins dissent. |
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Not Participating: |
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Attorneys: |
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For the defendant-respondent-petitioner there were briefs and oral argument by William E. Schmaal, assistant state public defender.
For the plaintiff-appellant the cause was argued by Michael J. Losse, assistant attorney general, with whom on the brief was J.B. Van Hollen, attorney general.
2010
WI 85
notice
This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.
REVIEW of a decision of the Court of Appeals. Affirmed and cause remanded.
¶1 MICHAEL J. GABLEMAN, J. This is a review of a
published decision of the court of appeals reversing the circuit court's grant
of a motion to suppress evidence seized from a locked automobile. The issue in this case is identical to the
issue in State v. Dearborn, 2010 WI 84, ___
¶2 The facts in this case are similar but unrelated to the events in
¶3 Littlejohn was arrested for driving with a revoked license. After officers placed him under arrest, handcuffed him, and placed him in a squad car, they searched Littlejohn's locked automobile. In the passenger compartment, officers found what appeared to be marijuana and cocaine. A search of the locked trunk revealed more marijuana, cocaine, and drug paraphernalia. Based on this evidence, the police obtained a warrant to search Littlejohn's residence, where they found additional incriminating evidence.
¶4 Littlejohn moved to suppress the evidence seized from his car and
residence. The circuit court granted the
motion because there were not "sufficient facts to raise an honest belief
in a reasonable mind that any objects sought [we]re linked to the commission of
a crime, and that they [would] be found in the [automobile]." The court of appeals reversed, holding that
the search was valid, incident to Littlejohn's lawful arrest. 307
¶5 For
the reasons set forth in
By the Court.—The opinion of the court of appeals is affirmed and the cause remanded for further proceedings.
¶6 SHIRLEY S. ABRAHAMSON, C.J. (dissenting). I dissent for the reasons set forth in my
dissent in State v. Dearborn, 2010 WI 84, ___
¶7 I am authorized to state that Justice ANN WALSH BRADLEY joins this opinion.