00-3364 State v. Loranger

By: dmc-admin//December 26, 2001//

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Although McKee was implicitly overruled by the U.S. Supreme Court’s decision in Kyllo v. United States, 533 U.S. 27 (2001), we conclude that suppressing the thermal imaging evidence would serve no remedial purpose where Kyllo had not yet been decided and the police relied on McKee in good faith.

“Further, we conclude that the results of the thermal image scan in combination with electricity records showing that Loranger used above average amounts of electricity, and a confidential informant’s tip that he had seen marijuana growing in Loranger’s basement, were sufficient to provide the warrant-issuing court commissioner with a substantial basis for finding probable cause to issue a warrant to search Loranger’s house.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist IV, Iowa County, Dyke, J., Dykman, J.

Attorneys:

For Appellant: Richard B. Jacobson, Madison; James C. Murray, Madison

For Respondent: Christian R. Larsen, Madison; Erik C. Peterson, Dodgeville

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