State v. McKnightAnnotate this Case
Defendant was charged with electronic enticement in the first degree (Count 1) and promoting child abuse in the third degree (Count 2). The charges were severed. The State then proceeded to trial on Count 1 and appealed the circuit court’s suppression order as it related to count 2. In relevant part, the court suppressed a statement made by Defendant after he was arrested and evidence seized from Defendant’s residence pursuant to a misdated search warrant. After a jury trial, Defendant was convicted of electronic enticement. Both parties appealed. The intermediate court of appeals (ICA) affirmed Defendant’s conviction and vacated the suppression order. The Supreme Court affirmed in part and vacated in part the ICA’s judgment, holding (1) the circuit court did not err in affirming Defendant’s conviction for electronic enticement; (2) suppression of Defendant’s statement was proper where law enforcement officers failed to obtain a voluntary waiver of Defendant’s Miranda rights; and (3) the circuit court erred in suppressing evidence obtained pursuant to the search warrant. Remanded.