State v. Michael A. Littlejohn
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2010 WI 85 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2007AP900-CR State of Wisconsin, Plaintiff-Appellant, v. Michael A. Littlejohn, Defendant-Respondent-Petitioner. REVIEW OF A COURT OF APPEALS DECISION 2008 WI App 45 Reported at: 307 Wis. 2d 477, 747 N.W.2d 712 (Ct. App. 2008-Published) OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: July 15, 2010 April 13, 2010 Circuit Monroe Steven L. Abbott ABRAHAMSON, C.J., dissents (opinion filed). BRADLEY, J., joins dissent. NOT PARTICIPATING: ATTORNEYS: For the defendant-respondent-petitioner there were briefs and oral argument by William E. Schmaal, assistant state public defender. For the plaintiff-appellant the cause was argued by Michael J. Losse, assistant attorney general, with whom on the brief was J.B. Van Hollen, attorney general. 2010 WI 85 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2007AP900-CR (L.C. No. 2006CF168) STATE OF WISCONSIN : IN SUPREME COURT State of Wisconsin, Plaintiff-Appellant, FILED v. JUL 15, 2010 Michael A. Littlejohn, A. John Voelker Acting Clerk of Supreme Court Defendant-Respondent-Petitioner. REVIEW of a decision of the Court of Appeals. Affirmed and cause remanded. ¶1 MICHAEL J. GABLEMAN, J. This is a review of a published decision of the court of appeals reversing the circuit court's grant of a motion to suppress evidence seized from a locked automobile. The issue in this case is identical to the issue in State v. Dearborn, 2010 WI 84, ___ Wis. 2d ___, ___ N.W.2d ____, which we also decide today. The question presented is, is when a search incident to arrest conducted by law enforcement officers who act in objectively reasonable reliance on clear and settled precedent authorizing that search, but the No. 2007AP900-CR search is later declared unconstitutional, should the remedy of exclusion apply to bar admission of the illegally obtained evidence? ¶2 The facts in this case are similar but unrelated to the events in Dearborn. More details can be found in the court of appeals opinion, State v. Littlejohn, 2008 WI App 45, 307 Wis. 2d 477, 747 N.W.2d 712, but the relevant arrested for driving facts are as follows. ¶3 Littlejohn license. was with a revoked After officers placed him under arrest, handcuffed him, and placed him in a squad car, they searched Littlejohn's locked automobile. In the passenger compartment, officers found what appeared to be marijuana and cocaine. locked trunk paraphernalia. warrant to revealed more marijuana, A search of the cocaine, and drug Based on this evidence, the police obtained a search Littlejohn's residence, where they found additional incriminating evidence. ¶4 Littlejohn moved to suppress the evidence seized from his car and residence. because there were belief in a not reasonable The circuit court granted the motion "sufficient mind that facts any to raise objects an honest sought [we]re linked to the commission of a crime, and that they [would] be found in holding the [automobile]." that lawful arrest. ¶5 For the search was The court valid, of appeals incident to reversed, Littlejohn's 307 Wis. 2d 477, ¶1. the reasons set forth in Dearborn, Wis. 2d ___, ¶¶14-49, we affirm the court of appeals. 2 ___ We hold No. that the good faith exception precludes 2007AP900-CR application of the exclusionary rule where officers conduct a search in objectively reasonable reliance upon clear and settled Wisconsin precedent that is later Supreme Court. deemed unconstitutional by the United States Accordingly, we affirm the court of appeals and remand the cause for further proceedings. By the Court. The opinion of the court of appeals affirmed and the cause remanded for further proceedings. 3 is No. ¶6 SHIRLEY S. ABRAHAMSON, C.J. 2007AP900-CR.ssa (dissenting). I dissent for the reasons set forth in my dissent in State v. Dearborn, 2010 WI 84, ___ Wis. 2d ___, ___ N.W.2d ___, decided today. ¶7 I am authorized to state BRADLEY joins this opinion. 1 that Justice ANN WALSH No. 1 2007AP900-CR.ssa
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