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2010AP1101-CR State v. Aderholdt

By: WISCONSIN LAW JOURNAL STAFF//March 8, 2011//

2010AP1101-CR State v. Aderholdt

By: WISCONSIN LAW JOURNAL STAFF//March 8, 2011//

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Search and Seizure
Search warrants; probable cause

Richard Aderholdt appeals a judgment convicting him of manufacturing THC with intent to deliver and maintaining a drug trafficking place. He argues that the circuit court erred when it denied his motion to suppress evidence seized pursuant to a search warrant because the affidavit in support of the warrant failed to establish probable cause that contraband would be found in Aderholdt’s home. Specifically, he contends that the affidavit lacked sufficient detail to evaluate a confidential informant’s information and the information was stale. He also argues that the court should have conducted a Franks/Mannhearing to determine whether the police intentionally, or with reckless disregard for the truth, omitted information from the affidavit that would establish the staleness of the confidential informant’s information. We reject these arguments and affirm the judgment. This opinion will not be published.

2010AP1101-CR State v. Aderholdt

Dist III, Langlade County, Kawalski, J., Per Curiam

APPEAL from a judgment of the circuit court for Langlade County: Fred W.

Attorneys: For Appellant: Morgan, Andrew H., Sheboygan; For Respondent: Uttke, Ralph M., Antigo; Larson, Sarah K., Madison

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