The Court of Appeals of Wisconsin, District II has affirmed a trial court’s order to suppress drug evidence obtained following an illegal police search of a Kenosha man’s residence. In an unpublished case, a woman apparently called local police to report the smell of marijuana emanating from her upstairs neighbor’s residence. She also told police the unit was accessed from the rear of the converted single family home.
When law enforcement officials arrived, they reportedly smelled a strong odor of marijuana. At the back of the building, police found an open door behind an unlocked but closed screen door. There was also a doorbell that stated “up” located nearby. After entering the unlocked doors, police apparently came to two closed doors and a staircase. Law enforcement officials climbed the staircase and knocked on the closed door at the top. A man opened the door, and the officers allegedly saw drug paraphernalia in the room behind him. When the man tried to close the door, the officers apparently handcuffed and arrested him. After obtaining a search warrant for the premises, police discovered a variety of drug evidence.