DEPUTIES' SEIZURE OF GUNS, DRUGS ILLEGAL, COURT RULES

Guns and drugs seized in 1998 while Ozaukee County sheriff's deputies
looked for a man who walked away from the Ozaukee County Jail should not
have been used as trial evidence against a Saukville couple, a state Court
of Appeals panel has ruled.

Sherry and Michael J. Kryzaniak's constitutional rights were violated when
an Ozaukee County deputy seized marijuana, drug paraphernalia and guns
while he was looking for someone else, the court ruled.

According to the appeals court decision last week:

The incident began when a man named Joshua Anderson walked away from the
booking area of the jail.

During the search for Anderson by deputies, a Saukville police officer told
the Sheriff's Department of two places in Saukville where Anderson might be
staying.

Deputies went to one of the places, a two-story duplex. Deputy William
Steck, waiting at the rear of the duplex, thought he saw Anderson going
inside. Steck yelled for the man not to move, but instead the man ran into
the building and locked the door.

Steck yelled that if the man did not open the door, he would kick it in.
When the door was not opened, Steck kicked it in and searched the duplex.

"The deputy had no warrant to arrest Anderson, no warrant to enter the
house and no consent from any person to be on the premises," the court said.

Also, according to the ruling:

Steck searched a bedroom belonging to the Kryzaniaks and found drug
paraphernalia and what he thought was marijuana. Although he didn't take
either, he used that information to obtain a search warrant. Deputies
eventually found a rusty rifle and two trapshooting guns.

Anderson was found hiding in another part of the duplex. But even after
Anderson was arrested, deputies continued to search the Kryzaniaks' part of
the duplex. They searched for about an hour before a warrant was obtained.

The couple eventually were arrested and charged. They sought to suppress
the evidence seized from their duplex, but Ozaukee County Circuit Judge
Joseph McCormack denied their motion.

Michael Kryzaniak pleaded no contest to a felony charge of possession of
marijuana and a misdemeanor charge of carrying a concealed weapon. He was
sentenced to 30 days in the Ozaukee County Jail with work-release
privileges, placed on probation for 18 months and ordered to perform 100
hours of community service.

Sherry Kryzaniak pleaded no contest to a felony charge of possession of
marijuana. She was sentenced to 18 months' probation.

The deputies had no right to seize anything from the Kryzaniaks, the
appeals court ruled. The deputies' search for Anderson did not give them
the right to search the duplex, especially after Anderson had been caught,
the court ruled.

The Kryzaniaks' convictions were ordered overturned and the case was sent
back to McCormack. A hearing has been scheduled for April 10 in the case.

Anderson, who originally was at the jail on a civil warrant, was charged
with escape from custody and convicted in 1999.