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Search and Seizure — search warrants — cell phone tracking

By: WISCONSIN LAW JOURNAL STAFF//December 27, 2012//

Search and Seizure — search warrants — cell phone tracking

By: WISCONSIN LAW JOURNAL STAFF//December 27, 2012//

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Wisconsin Court of Appeals

Criminal

Search and Seizure — search warrants — cell phone tracking

Bobby L. Tate appeals the denial of his motion to suppress evidence based on what he contends was an illegal search. Specifically, Tate contends that an order allowing police to track the location of his cell phone constituted an illegal search warrant and that all evidence obtained as a result of the location data should have been suppressed. Because we conclude that the warrant-issuing judge had a substantial basis for finding probable cause to issue the order to locate Tate’s cell phone, we affirm. Not recommended for publication in the official reports.

2012AP336-CR State v. Tate

Dist I, Milwaukee County, Cimpl, J., Kessler, J.

Attorneys: For Appellant: Lichstein, Byron C., Madison; For Respondent: Kassel, Jeffrey J., Madison; Loebel, Karen A., Milwaukee

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