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Search and Seizure — warrantless searches – computers — reasonable suspicion

By: WISCONSIN LAW JOURNAL STAFF//March 7, 2013//

Search and Seizure — warrantless searches – computers — reasonable suspicion

By: WISCONSIN LAW JOURNAL STAFF//March 7, 2013//

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Wisconsin Court of Appeals

Criminal

Search and Seizure — warrantless searches – computers — reasonable suspicion

The defendant, Jeremiah Purtell, was on probation following conviction for two counts of cruelty to animals when a probation agent entered his residence and lawfully removed two of Purtell’s computers. During a subsequent warrantless inspection of some of the contents of Purtell’s computers, Purtell’s probation agent found images of what appeared to be child pornography. The question here is whether this search of the contents of Purtell’s computers was supported by reasonable grounds to believe that the computers contained contraband. The circuit court concluded that the search was supported by reasonable grounds to believe the computers contained contraband. We disagree and, therefore, reverse and remand. Not recommended for publication in the official reports.

2012AP1307-CR State v. Purtell

Dist II, Washington County, Muehlbauer, J., Lundsten, P.J.

Attorneys: For Appellant: Hirsch, Eileen A., Madison; For Respondent: Bensen, Mark, West Bend; Larson, Sara Lynn, Madison

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