(Download) "State Wisconsin v. Woodrow A. Desmidt" by Third Circuit U.S. Court Of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State Wisconsin v. Woodrow A. Desmidt
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 10, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This is a review of a decision of the court of appeals, State v. DeSmidt, 151 Wis. 2d 324, 444 N.W.2d 420 (Ct. App. 1989), which affirmed the order of the circuit court for Brown county, the Honorable John P. Hoffmann, Judge, suppressing all evidence, except Medicaid provider handbooks, seized in a warrant-authorized search of Dr. DeSmidts dental offices. The first question is whether the search of Dr. DeSmidts dental offices and seizure of his dental and business records violated either Art. I, Sec. 11 of the Wisconsin Constitution or the Fourth Amendment of the United States Constitution. If the search and seizure was constitutionally infirm, the second question is whether this court should adopt the "good faith" exception to the exclusionary rule established by the United States Supreme Court in United States v. Leon, 468 U.S. 897 (1984). We conclude the search and seizure was constitutional and reverse. We therefore do not reach the Leon issue.