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Search & Seizure – Applicability of Exclusionary Rule — Violation of Nonconstitutional Right –Violation of Statute, § 175.40(6)

State v. Peter R. Cash, 2004 WI App 63
For Cash: Lynn M. Bureta

Issue/Holding: Any violation of § 175.40(6), which regulates the arrest power of an officer operating outside territorial jurisdiction would not support suppression as a remedy:

¶30. Assuming arguendo that the Waukesha County Sheriff’s Department had not adopted the written policies required by Wis. Stat. § 175.40(6)(d), we agree with the State that suppression is not a remedy for such a statutory transgression. “[W]rongfully or illegally obtained evidence is to be suppressed only where the evidence was obtained in violation of an individual’s constitutional rights or in violation of a statute that expressly requires suppression as a sanction.” State ex rel. Peckham v. Krenke, 229 Wis. 2d 778, 787, 601 N.W.2d 287 (Ct. App. 1999) (emphasis added). Wisconsin Stat. § 175.40 does not protect a constitutional right; nor does it recite suppression as a sanction for its violation. Therefore, we conclude that Cash was not prejudiced by counsel’s failure to challenge his arrest on this ground

 

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