WI: SI to arrest warrant issued in error but relied on in good faith would not be suppressed

Police were dispatched to a 911 call, and, on the way, discovered an arrest warrant for the subject of the call. By the time they got there, the 911 call was off, but they arrested on the warrant. It turned out the warrant shouldn’t have been issued, but it was valid on its face. Defendant was arrested and the search incident produced meth. The trial court suppressed, but the Supreme Court reverses. “Our overarching inquiry in this case is whether the reviewing court erred in granting Kerr’s motion to suppress. Fundamental to our analysis is whether evidence discovered during a search incident to arrest is properly suppressed under the exclusionary rule when there is no police misconduct. We conclude that suppression is not appropriate because the sole purpose of the exclusionary rule is to deter police misconduct, and there is no police misconduct here. Neither judicial integrity nor judicial error is a standalone basis for suppression under the exclusionary rule. We therefore conclude that the reviewing court’s grant of Kerr’s motion to suppress on the basis of judicial integrity is error.” State v. Kerr, 2018 WI 87, 2018 Wisc. LEXIS 313 (July 6, 2018).

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