01-1849-CR State v. Formaro

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Thomas E. Formaro appeals from a judgment of conviction as a party to the crime of manufacturing a controlled substance. He filed a motion to suppress evidence seized at his home under a search warrant. The trial court suppressed the thermal image scan evidence as an unreasonable search under Kyllo v. United States, 533 U.S. 27, 121 S. Ct. 2038, 2046 (2001). Relying on State v. Loranger, 2002 WI App 5, No. 00-3364-CR, we determine that the thermal imaging scan is admissible because it was obtained in good faith reliance on State v. McKee, 181 Wis. 2d 354, 510 N.W.2d 807 (Ct. App. 1993), which held that no warrant was required. Further, we conclude that the results of the thermal imaging scan in combination with electricity records showing that Formaro used above average amounts of electricity, police observation of fan venting and an anonymous informant’s tip, were sufficient to provide the magistrate with a substantial basis for finding probable cause to issue a warrant to search Formaro’s home.

Not recommended for publication in the official reports.

Dist II, Kenosha County, Bastianelli, J., Brown, J.

Attorneys:

For Appellant: Terry W. Rose, Kenosha

For Respondent: Robert J. Jambois, Kenosha; Stephen W. Kleinmaier, Madison