State of Wisconsin v. Durant
Nov 03, 2008OUTCOME: Dismissed
Durant was accused of participating in a carjacking. After his arrest the police completed and submitted to a court commissioner a probable cause statement, which would permit police to hold Durant for ... questioning, provided that the commisioner signed the Probable Cause Determination within 48 hours of Durant's arrest. Although the statement was submitted within 48 hours, it contained a material misrepresentation that when removed from the statement, as was requested by my Motion to Suppress Statements (Riverside violation), rendered the statement insufficient to support the probable cause determination. At the motion hearing the state conceded that the statement was inaccurate. The state then moved to dismiss the case, a motion that the trial court granted.
