State v. Smiter
793 N.W.2d 920
Wis. Ct. App.2010Background
- Smiter was arrested for possession of marijuana after Detective Huerta observed Smiter throw a damp marijuana blunt from the Buick.
- Officers then searched the Buick incident to Smiter’s arrest and found 53 cocaine corner cuts under Smiter’s seat.
- Smiter was charged with possession with intent to deliver cocaine.
- Smiter moved to suppress the evidence, arguing lack of reasonable suspicion for the stop and improper search under Gant.
- Circuit court denied the suppression motion; Smiter pled guilty to possession with intent to deliver before appeal.
- Wisconsin Supreme CourtAffirmed: held that under Gant the Buick search was lawful because officers reasonably believed evidence of marijuana might be found in the vehicle.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Buick search was lawful under Gant. | Smiter contends no reasonable belief of marijuana-related evidence in Buick. | State asserts officers reasonably believed Buick contained marijuana evidence. | Search valid under Gant; affirmed. |
| Whether the circumstantial observations supported a reasonable belief of evidence in the Buick. | Smiter argues observations were insufficient. | State contends furtive movements and damp blunt supported belief. | Yes, observations supported belief; search authorized. |
| Whether guilty plea affects appellate review of suppression under Wis. Stat. § 971.31(10). | Waives suppression issues by guilty plea. | § 971.31(10) permits review of suppression despite plea. | Rule allows appellate review of suppression despite guilty plea. |
Key Cases Cited
- Arizona v. Gant, 129 S. Ct. 1710 (U.S. 2009) (vehicle search incident to arrest may be authorized if evidence of the offense of arrest might be found)
- State v. Dearborn, 327 Wis. 2d 252, 786 N.W.2d 97 (Wis. 2010) (Wisconsin adoption of Gant for state constitutional search analysis)
- Thornton v. United States, 541 U.S. 615 (U.S. 2004) (search incident to arrest may extend to vehicle if evidence relates to offense)
- New York v. Belton, 453 U.S. 454 (U.S. 1981) (vehicle search based on arrest for offense)
- Katz v. United States, 389 U.S. 347 (U.S. 1967) (established warrantless searches require exceptions)