Articles Posted in Wisconsin Supreme Court

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Defendant appealed his convictions of four counts of child enticement after the circuit court declined to suppress an incriminating statement Defendant made to police officers who were conducting a follow up investigation of incriminating admissions that Defendant made to his probation agent during a compelled polygraph examination. Defendant claimed that his admissions to the agent were subject to use and derivative use immunity, and that the derivative use immunity covered the subsequent statement he made to the police, even though this statement was preceded by a valid Miranda warning. The Supreme Court reversed Defendant's convictions, holding (1) Defendant's statement to officers was subject to derivative use immunity and could not be used in any subsequent criminal trial; and (2) Defendant's compelled statement to his probation agent, his subsequent statement to the police, and any evidence derived from either statement must be suppressed in any criminal trial. View "State v. Spaeth" on Justia Law