(Download) "State v. Benoit" by Supreme Court of Wisconsin " Book PDF Kindle ePub Free
eBook details
- Title: State v. Benoit
- Author : Supreme Court of Wisconsin
- Release Date : January 02, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The issues in this case involve the propriety of the trial court's decision to suppress (1) items seized pursuant to a search
warrant, and (2) certain oral statements of the defendant made to police officers while the defendant was being interrogated.
The case arises out of an armed robbery of a Stop-N-Go store in the city of Green Bay on January 25, 1977. On February 11,
1977, the State sought a search warrant to search the home of a suspect, Daniel Benoit. The items to be searched for were
a green snorkel jacket with fur trim, blue jeans, black leather gloves, round wire-rim glasses, a brown 8 X 10 paper bag,
and a .38 caliber revolver. All of these items were part of the store clerk's description of the robber. At the close of the
search warrant hearing, the Hon. John C. Jaekels, County Judge, issued the warrant. The search produced a green snorkel jacket
with a repair bill made out to Donald Benoit in the pocket. The defendant was charged with armed robbery, contrary to sec. 943.32(1) (b), Stats. A preliminary hearing was held, and
the defendant was bound over for trial. The defendant then moved to suppress the evidence obtained from the search, as well
as an alleged oral statement made by the defendant to the police shortly before he was charged with the crime. The statement
was in response to the question, "You know you weren't wearing a mask," to which the defendant answered, "I know." The State
in turn moved for an order under sec. 971.31(3), Stats., that the statement challenged by the defendant and three other oral
statements made by the defendant during the police interrogation were voluntary. A Goodchild hearing was held on March 17,
1977, before the Hon. James W. Byers, County Judge. However, Judge Byers made no finding of whether the statements sought
to be used by the State were voluntary. Instead, Judge Byers concluded that the defendant's statements were not against interest
and suppressed them on that ground.
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