Opinion

State v. Knapp

  • 285 Wis. 2d 86
  • 700 N.W.2d 899
  • 2005 WI 127
  • 2005 Wisc. LEXIS 395
Court
Wisconsin Supreme Court
Filed
Jul 14, 2005
Status
Published
Author
Prosser
On the bench
Crooks, Wilcox, Prosser, Abrahamson, Bradley, Butler, Roggensack
Cited by
109 cases
Authority
More cited than 8.0%

noting that “the goals of the exclusionary rule and fruit of the poisonous tree doctrines are to curb ‘illegal governmental activity,”’ and concluding that “it is appropriate that the exclusionary rule bars physical fruits obtained from a deliberate Miranda violation under Article I, Section 8” of Wisconsin Constitution

How later courts described this case

  • noting that “the goals of the exclusionary rule and fruit of the poisonous tree doctrines are to curb ‘illegal governmental activity,”’ and concluding that “it is appropriate that the exclusionary rule bars physical fruits obtained from a deliberate Miranda violation under Article I, Section 8” of Wisconsin Constitution
  • agreeing "wholeheartedly" with the Patane dissenting opinion, stating that Patane extends "an unjustifiable invitation to law enforcement officers to flout Miranda where there may be physical evidence to be gained" (quoting Patane, 542 U.S. at 647 (Souter, J., dissenting))
  • explaining decisions like Eason as part of a trend toward a more independent role for state constitutions in protecting individual rights
  • noting that preserving judicial integrity refers to preventing the judicial process from being subverted by law enforcement officers' unconstitutional actions

Written by the judges who cited it.

The opinion

DAVID T. PROSSER, J.

¶ 108. {dissenting). I respectfully dissent for the reasons stated in my dissent in State v. Dubose, 2005 WI 126 , 285 Wis. 2d 143 , 699 N.W.2d 582 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.