By: WISCONSIN LAW JOURNAL STAFF//July 31, 2012//
Wisconsin Court of Appeals
Criminal
Search and Seizure — Franks hearings
Roger Garcia appeals a conviction for possession of child pornography. He argues he was entitled to a Franks/Mann hearing regarding his claim that a search warrant omitted information that would have defeated probable cause. We conclude Garcia failed to make the substantial preliminary showing necessary to obtain such a hearing. Garcia also argues the affidavit in support of the warrant failed to set forth probable cause. We also reject this argument and affirm. This opinion will not be published.
Dist III, Brown County, Zuidmulder, J., Per Curiam
Attorneys: For Appellant: Hoff, Casey J., Sheboygan; For Respondent: Lasee, David L., Green Bay; Lloyd, Katherine Desmond, Madison