State v. Felix

• Decision Date: 03 April 2012
• Docket Number: No. 2010AP346–CR.,2010AP346–CR.
• Citation: 811 N.W.2d 775,339 Wis.2d 670,2012 WI 36
• Parties: STATE of Wisconsin, Plaintiff–Respondent–Petitioner, v. Devin W. FELIX, Defendant–Appellant.
• Court: Wisconsin Supreme Court

2012 WI 36

339 Wis.2d 670

811 N.W.2d 775

STATE of Wisconsin, Plaintiff–Respondent–Petitioner,

v.Devin W. FELIX, Defendant–Appellant.

No. 2010AP346–CR.

Supreme Court of Wisconsin.

Argued Nov. 9, 2011.Decided April 3, 2012.

For the plaintiff-respondent-petitioner the cause was argued by Marguerite M. Moeller, assistant attorney general, with whom on the briefs was J.B. Van Hollen, attorney general.

For the defendant-appellant there was a brief and oral argument by Leonard D. Kachinsky and Sisson & Kachinsky Law Offices, Appleton.

N. PATRICK CROOKS, J.

[339 Wis.2d 674] ¶ 1 This is a review of an unpublished decision of the court of appeals reversing the circuit court's judgment of conviction for second-degree intentional homicide after a plea of guilty.¹ This case involves statements and physical evidence obtained from a defendant outside of the home after Miranda warnings ² were given and waived following a warrantless in-home arrest made in alleged violation of Payton v. New York.³ The central issue presented in this case is which analysis governs the admissibility of such evidence: does Article I, Section 11 of the Wisconsin Constitution demand the suppression of such evidence unless it is sufficiently attenuated under Brown v. Illinois,⁴ or does this court adopt the rule developed by the United States Supreme Court in New York v. Harris⁵ under its interpretation of the Fourth Amendment to the United States Constitution? The United States Supreme Court set forth a three-factor attenuation analysis in Brown to determine whether evidence obtained following an unlawful search or seizure must be suppressed under the exclusionary rule as the fruit of a Fourth Amendment violation.⁶ IN HArrIS, the united states supReme coUrt claRified tHat where the Fourth Amendment violation is an unlawful arrest without a warrant, in violation of Payton, but with probable cause, evidence obtained from the defendant outside of the home is admissible because it is not “the product of illegal governmental activity.” ⁷

¶ 2 In the early morning of September 8, 2007, a violent fight erupted outside of a house where a party was being held. After the fight, Nathaniel Davids (Davids) was left bleeding from multiple stab wounds and later died from those wounds. Police had probable cause to arrest Devin Felix (Felix) for Davids' murder based on statements from several witnesses, but police did not obtain a warrant for his arrest. Police arrested Felix at his home, and he was charged with first-degree intentional homicide. Before trial, Felix sought to suppress statements and evidence that police obtained at the police station and the jail.

¶ 3 Relevant to this appeal, the circuit court denied in part ⁸ Felix's motions to suppress statements and physical evidence obtained after police arrested him at his home without an arrest warrant. The circuit court concluded that Felix did not have a reasonable expectation of privacy because he had submitted himself to public view by sleeping in front of an unsecured door that flew open easily. The court of appeals applied a Brown attenuation analysis and reversed in part the circuit court. Following the State's assumption that the arrest was unlawful in violation of Payton and the Fourth Amendment, the court of appeals remanded for a trial with directions to suppress Felix's signed statement at the police station, a buccal swab Felix agreed to provide for DNA comparison and his clothing because the court of appeals concluded that they were not sufficiently attenuated from the unlawful arrest.⁹ The court of appeals did not apply the Harris rule because it concluded that this court had not adopted the Harris rule and that the rule conflicted with this court's precedent.¹⁰ THE COURT OF APPEALs suggested that this court's decisions indicate that Article I, Section 11 provides more protection than the Harris Court's interpretation of the Fourth Amendment.¹¹

¶ 4 We continue our usual practice of interpreting Article I, Section 11 of the Wisconsin Constitution in accord with the United States Supreme Court's interpretation of the Fourth Amendment. Thus, we adopt the Harris exception to the exclusionary rule for certain evidence obtained after a Payton violation. We hold that, where police had probable cause to arrest before the unlawful entry, a warrantless arrest from Felix's home in violation of Payton requires neither the suppression of statements made outside of the home after Felix was given and waived his Miranda rights, nor the suppression of physical evidence obtained from Felix outside of the home. Assuming without deciding that Felix's warrantless arrest from his home was in violation of Payton, we conclude that, pursuant to the Harris rule, the following evidence that police obtained outside of his home is admissible: Felix's signed statement, made after Felix was given and waived his Miranda rights, the buccal swab obtained at the police station, and Felix's clothing seized at the jail, as well as any derivative evidence.¹²

¶ 5 Therefore, we reverse the decision of the court of appeals and affirm the circuit court's judgment of conviction.

I. FACTUAL BACKGROUND

¶ 6 In the early morning on September 8, 2007, a violent fight erupted outside of a party in the City of Schofield, Marathon County, Wisconsin. Officers responded after the fight had broken up and people had fled the scene. They discovered Davids lying bleeding in the middle of the street from multiple stab wounds. Davids was taken to the hospital and later pronounced dead. After police interviewed witnesses, they located, arrested, and obtained evidence and a statement from Felix all during the morning hours of that same day.

¶ 7 Shortly after arriving at the scene, police interviewed several people who were still present and also located several other witnesses who had attended the party. The witnesses who live near the scene stated that during the fight they had heard someone shouting about a stabbing. At the police station, detectives interviewed several people who had attended the party. T.W., a minor at the time of the homicide, described the fight that broke out among approximately six people outside of the party. T.W. stated that she heard Felix say, “I'm going to prison. I stabbed someone. I think I killed him.” T.W. had responded, “[N]o you didn't, no you didn't, I think you're lying.” According to T.W., Felix then stated, “I'm not lying, I've got blood all over me.” T.W. told police that she was “pretty positive” or about “98” percent sure that Felix stabbed someone. T.W. also said that Felix left in a green Chrysler. A detective also interviewed Kyle Leder who reported hearing Felix say the word “stab” and also “I'm not going to prison” shortly before he saw Felix leave in a green Chrysler.

¶ 8 Based on this information, police obtained a warrant to search the residence where the party had taken place for Felix, witnesses and any evidence of the crime. Police did not find Felix at that residence, but eventually learned from Felix's father that he was living at Felix's mother's apartment. Felix's father gave the police a description of the residence and told them that the rear entrance led to the Felixes' apartment. When the police went to that residence they saw a green Chrysler parked in the driveway, which matched the description witnesses had given of the car that Felix had driven from the scene. The police had also discovered that the car was registered to Felix's mother.

[339 Wis.2d 679] ¶ 9 When a detective knocked on the rear door of the residence, it popped open. The detective could immediately see someone, whom he recognized as Felix from a photo, sleeping in a recliner at the bottom of the stairs leading to the door. The detective and another officer drew their weapons and ordered Felix to come out with his hands up. Felix complied and was searched and handcuffed outside of the residence.

¶ 10 When Felix was being patted down before he was handcuffed, an officer asked Felix if he had any sharp objects on him. Felix replied that he had a knife in his pocket. When the officer did not find a knife on Felix, Felix stated that he “had a knife on [him],” but “must have gotten rid of it.”

¶ 11 When officers located the person who was renting the apartment and subletting to the Felixes, Dean Kudick (Kudick), an officer asked Kudick for permission to search the house, which Kudick granted. Police found a knife next to the recliner where Felix had been sleeping. Police seized the knife and the green Chrysler that was parked in the driveway.

¶ 12 Felix was taken to the police department and placed in an interview room. A detective read Felix his Miranda rights and Felix signed a form waiving those rights. Felix then provided a statement detailing his involvement in the fight and Davids' death. The detective transcribed his questions and Felix's responses throughout the interview, and Felix signed this written statement after he had an opportunity to review it. Felix then agreed to submit to a buccal swab for DNA analysis.

¶ 13 Felix was transported to the jail where the detective asked Felix to remove his clothes and place each item in an individual evidence bag. The detective stated that he decided to take Felix's clothes as evidence at the jail because during the interview he had noticed that Felix had some “ red spots” on his shirt that he suspected might have been blood.

II. PROCEDURAL HISTORY

¶ 14 Felix was charged with first-degree intentional homicide with the use of a dangerous weapon contrary to Wis. Stat. § 940.01(1)(a) and § 939.63(1)(b) (2005–06).¹³ Felix made several pre-trial motions including four motions to suppress statements and evidence. Specifically, Felix sought to suppress (1) the statement he made while being patted down upon his arrest that he “had a knife on [him],” but “must have gotten rid of it,” (2) his signed statement at the police station, (3) the buccal swab he provided at...