STATE v. KIRBY

No. 2013AP896-CR.

851 N.W.2d 796 (2014)

2014 WI App 74

STATE of Wisconsin, Plaintiff-Respondent, v. Cordarol M. KIRBY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed June 11, 2014.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Andrew R. Walter of Walter Law Offices, LLC of Elkhorn.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Nancy A. Noet , assistant attorney general, and J.B. Van Hollen , attorney general.

Before BROWN, C.J., NEUBAUER, P.J., and GUNDRUM, J.


BROWN, C.J.

¶ 1 Cordarol Kirby appeals his conviction for possessing a sawed-off shotgun, arguing that the evidence of it should be suppressed because a police officer entered the premises containing the shotgun without a warrant, without consent, and without exigent circumstances to enter. We hold that whether the officer was over the threshold a few steps does not matter. This is because the officers were lawfully present at the scene when they were apprised...

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