State v. Felix, 2012 WI 36

Felix is convicted for second-degree intentional homicide following a guilty plea and seeks suppression of statements and evidence obtained after a Payton-violating arrest.
Police had probable cause to arrest Felix for Davids' murder based on multiple witness statements tying him to the crime.
Felix was arrested at his home without a warrant after officers entered, with a knife, clothing, and a car later linked to the case involved.
Felix gave a signed statement after Miranda warnings at the police station, and a buccal swab was collected; his clothing was seized at the jail.
The court of appeals remanded, suppressing the signed statement and buccal swab and the jail clothing under Brown attenuation; Harris had not been adopted by the Wisconsin court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Which doctrine governs post-Payton suppression	Felix: Brown attenuation applies to suppress derivative evidence.	State: Harris per se rule governs admissibility of outside-the-home evidence after a Payton violation.	Harris rule adopted; admissibility of certain outside-the-home evidence.
Admissibility of Felix's signed statement	Felix: Brown analysis should determine attenuation and suppress if not attenuated.	State: Harris applies; statement admissible if made outside home with probable cause and Miranda warnings.	Admissible under Harris; not suppressed.
Admissibility of the buccal swab	Felix: attenuation required under Brown; may be suppressed.	State: Harris applies; swab admissible as obtained in custody outside home after Payton violation.	Admissible under Harris.
Admissibility of Felix's clothing seized at jail	Felix: clothing obtained due to unlawful arrest should be suppressed.	State: Harris extends to physical evidence outside home; clothing admissible.	Admissible under Harris.

Payton v. New York, 445 U.S. 573 (1980) (forbids warrantless home entry to arrest; sanctity of the home)
Brown v. Illinois, 422 U.S. 590 (1975) (three-factor attenuation test for derivative evidence)
New York v. Harris, 495 U.S. 14 (1990) (limits attenuation; permits admissibility of statements outside home after Payton violation if probable cause exists)
State v. Laasch, 84 Wis. 2d 587 (1978) (Wisconsin constitutional analysis aligned with Fourth Amendment; warrant before arrest in home)
State v. Smith, 131 Wis. 2d 220 (1986) (Brown attenuation applied to Payton-violation cases prior to Harris)
State v. Walker, 154 Wis. 2d 158 (1990) (Brown attenuation for post-arrest identifications following unlawful arrest)
State v. Anderson, 165 Wis. 2d 441 (1991) (post-Harris Brown analysis applied to unlawful entry fruits)
State v. Phillips, 218 Wis. 2d 180 (1998) (Brown attenuation after unlawful entry and search)
State v. Roberson, 2005 WI App 195 (2005) (Wisconsin appellate adoption of Harris approach)
State v. Eason, 2001 WI 98 (2001) (good faith exception discussed in Wisconsin constitutional context)