By: WISCONSIN LAW JOURNAL STAFF//November 6, 2012//
By: WISCONSIN LAW JOURNAL STAFF//November 6, 2012//
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 This opinion will not be published.
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