By Scotty Reid – The Supreme Court of the state of Wisconsin just confirmed that it is indeed a police state in ruling that cops did not have to secure a warrant before breaking into locked room after being invited into a house to investigate a fight between brothers.
One of the brothers admitted to cops that he had been fighting with his brother and invited them in instead of stepping outside of his home to speak with them.
Wisconsin is among national leaders in mass incarcerating people over non-violent legislated drug crimes, especially black men where it is the national leader.
The defendant in the case invited officers in to speak with them and once in and noticing a small amount of cannabis and blood in the room, cops used that as an excuse to break into a locked room in the home after the defendant refused to unlock it protesting that the room had nothing to do with their investigation into a fight he admitted to being in with his brother.
After breaking into the room and finding a cannabis grow set up, the defendant was arrested but lawyers sought to have the charges thrown out on fourth amendment grounds. The Wisconsin Supreme Court sided with the police.
Wisconsin Constitution: Searches and seizures. Section 11.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Fourth Amendment to the United States Constitution
The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The most controversial and problematic in this decision besides the broader implications, a newly appointed justice to the court who was appointed by Governor Scott Walker, voted with the majority in a 4-3 decision. Justice Rebecca Bradley is being criticized by Justice Shirley Abrahamson for not recusing herself as she had done in five previous cases because like this case, she was not present on the court to hear oral arguments in the case. If the decision had been tied 3-3, the lower courts ruling that the police search was unlawful would have stood.
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