State Public Defender s Office 125 S by 15ZP20

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									STATE OF WISCONSIN                  CIRCUIT COURT            BROWN COUNTY

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STATE OF WISCONSIN,
              Plaintiff,
                                               MOTION TO SUPPRESS
      vs.                                            EVIDENCE
                                                 File No. 03 CM
                    Defendant.

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       ____________________, appearing specially by Attorney Henry R. Schultz
moves the court for an order suppressing all evidence obtained by the prosecution from a
search of his home on May 9, 2003, and further moves the court to suppress any and all
leads or other evidence, tangible or otherwise, derived directly or indirectly from such
search and seizure.

        As grounds, the court is informed that the evidence seized from the defendant’s
home was seized in violation of rights guaranteed to the defendant under the 4th, 5th and
14th Amendments to the United States Constitution; Article 1, Section 11 of the
Wisconsin Constitution and Chapter 968, Wis. Stats. Specifically, the officer who entered
his home did so without a warrant or consent from someone with apparent authority to
give such consent. Moreover, the initial third party consent the officer obtained did not
include the bedroom mentioned in the criminal complaint. The consent that the defendant
allegedly later gave was tainted by the illegal search of his home, defendant’s illegal
arrest and the officer’s refusal to honor the defendant’s request that he leave his home.
      Dated at Green Bay, Wisconsin, this ______ day of January, 2004.

                                               Respectfully submitted,


                                               ______________________________
                                               Henry R. Schultz #1003451
                                               Attorney for Defendant

                                               State Public Defender's Office
                                               125 S. Jefferson Street #301
                                               Green Bay, Wisconsin 54301
                                               920-448-5433

                                                                    APPENDIX 11

								
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