State v. WilliamsAnnotate this Case
Defendant Douglas Williams pled no contest to manufacturing THC. Williams appealed the denial of his motion to suppress, asserting that the search warrant that was issued for his home by a circuit court commissioner was invalid as beyond the lawful authority of court commissioners, and that the evidence obtained upon the execution of the warrant should be suppressed. Williams' argued that any exercise of power by unelected persons, such as circuit court commissioners, violated the Wisconsin Constitution. At issue before the Supreme Court was whether Wis. Stat. 757.96(1)(b), which grants specific statutory authority to circuit court commissioners to issue search warrants, was unconstitutional. The Supreme Court affirmed the circuit court's denial of Williams' motion to suppress, holding (1) section 757.69(1)(b) is constitutional, as it does not impermissibly intrude upon the judicial power granted to the courts by Wis. Const. art VII, 2; and (2) therefore, the circuit court commissioner's search warrant was validly issued.