{"id":6943,"date":"2012-06-10T19:37:16","date_gmt":"2012-04-06T07:44:29","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-04-06T07:44:29","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6943","title":{"rendered":"WI declines to adopt a broader standard than Harris<\/em> for a Payton<\/em> violation"},"content":{"rendered":"

\u201c[W]e adopt the Harris exception to the exclusionary rule for certain evidence obtained after a Payton violation. We hold that, where police had probable cause to arrest before the unlawful entry, a warrantless arrest from Felix’s home in violation of Payton requires neither the suppression of statements made outside of the home after Felix was given and waived his Miranda rights, nor the suppression of physical evidence obtained from Felix outside of the home. Assuming without deciding that Felix’s warrantless arrest from his home was in violation of Payton, we conclude that, pursuant to the Harris rule, the following evidence that police obtained outside of his home is admissible: Felix’s signed statement, made after Felix was given and waived his Miranda rights, the buccal swab obtained at the police station, and Felix’s clothing seized at the jail, as well as any derivative evidence.\u201d The court declines to adopt a separate rule under the state constitution. State v. Felix<\/a>, 2012 WI 36, 339 Wis. 2d 670, 811 N.W.2d 775 (2012).*<\/p>\n

Petitioner\u2019s Fourth Amendment claim was decided on the merits in state court, so it could not be considered on habeas. Rashad v. Lafler<\/a>, 675 F.3d 564 (6th Cir. 2012).<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6943","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6943","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6943"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6943\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6943"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6943"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6943"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}