Judge Schilling Hears Testimony in Evidence Suppression Motion In Wischmeier Case.

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Judge Mike Schilling presided over the evidence suppression hearing in the Bradley Wischmeier case today (On Thursday).

Wischmeier’s attorney, James Beres argued two points. One; that there was not an emergency circumstance that would have trigger the need for a telephonic warrant to be issued. The State through it’s attorneys argued that the doctors wishing to give Wischmeier a sedative did constitute an exigent circumstance. In rebutting the states claim, Beres said that the hospital told Deputy Phillips that they could wait to administer a sedative, which meant Detective Adam Plein had time to obtain a proper warrant through either fax or email.

The second argument before Judge Schilling is that, in applying for the telephonic warrant Detective Plein failed to follow the states statute and process, rending the warrant obtained from Judge Dean the night of the incident invalid.
The state in rebuttal says that the Des Moines County Sheriffs office substantially complied with the statute and that the warrant for the urine, blood and personal belonging of Wischmeier is valid. Beres contended that there is no case law, and nothing in the statute that allows for the process to only be substantially met.

Judge Schilling gave both sides the opportunity to submit case law till 4:30 PM on Monday, at which time he would consider the issue and render a decision at a future date.