Search and Seizure — search warrants — drug detection dogs

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Wisconsin Court of Appeals

Criminal

Search and Seizure — search warrants — drug detection dogs

Edison J. Busanet-Perez appeals from a judgment of conviction, entered on his guilty plea, for one count of possession with intent to deliver more than forty grams of cocaine, as a party to a crime, contrary to Wis. Stat. §§ 961.41(1m)(cm)4. and 939.05 (2009-10). Busanet-Perez presents a single issue on appeal: he argues that the circuit court erroneously denied his suppression motion “without affording Busanet-Perez a meaningful opportunity to challenge the probable cause basis for the search warrant.” (Bolding omitted.) Specifically, he argues that the circuit court should have granted Busanet-Perez’s motion to compel the State to produce detailed records concerning a drug detection dog’s training, experience, and “alert” history. Because Busanet-Perez previously stipulated to the dog’s qualifications, we reject his argument and affirm the judgment. This opinion will not be published.

2011AP1671-CR State v. Busanet-Perez

Dist I, Milwaukee County, Guolee, J., Per Curiam

Attorneys: For Appellant: Zaleski, Steven, Madison; For Respondent: Loebel, Karen A., Milwaukee; Noet, Nancy A., Madison