State v. Alsheriffe Mire

Summary

The Wisconsin Court of Appeals affirmed Alsheriffe Mire’s judgment of conviction for attempting to flee or elude an officer. The court held that the circuit court could deny Mire’s motion to suppress without an evidentiary hearing because the record conclusively demonstrated that he was not entitled to relief, even assuming the traffic stop had been unlawfully extended. The court reasoned that evidence of Mire’s subsequent criminal conduct was newly created evidence, not primary or derivative evidence obtained through the alleged unlawful detention.

Holdings

1. A circuit court may deny a pretrial suppression motion without an evidentiary hearing when the record conclusively demonstrates that the defendant is not entitled to relief.
2. Evidence of new criminal conduct that the defendant creates independently of an allegedly unlawful detention is neither primary evidence seized during the detention nor derivative evidence acquired as a result of it.

Questions Presented

1. Whether the circuit court erred by denying Mire's motion to suppress without conducting an evidentiary hearing.
2. Whether evidence of Mire's flight and related offenses constituted primary or derivative evidence subject to suppression based on an allegedly unlawful extension of the traffic stop.

Disposition

affirmed