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Search and Seizure — search warrants — staleness

Wisconsin Court of Appeals

Criminal

Search and Seizure — search warrants — staleness

Harvey Baker appeals a judgment of conviction for possession of a firearm by a felon. He argues the circuit court erred by denying his motion to suppress evidence seized pursuant to a search warrant. Baker contends the warrant was defective because: (1) the affidavit supporting it was insufficient to give rise to probable cause for the search; and (2) the affidavit was based on old information, so any probable cause was stale. We agree that any probable cause for the warrant was stale. We therefore reverse. This opinion will not be published.

2012AP339-CR State v. Baker

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

Attorneys: For Appellant: Rhode, John B., Antigo; For Respondent: Weinstein, Warren D., Madison; Uttke, Ralph M., Antigo


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