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Search and Seizure — search warrants — cell phones

By: WISCONSIN LAW JOURNAL STAFF//March 20, 2013//

Search and Seizure — search warrants — cell phones

By: WISCONSIN LAW JOURNAL STAFF//March 20, 2013//

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Wisconsin Court of Appeals

Criminal

Search and Seizure — search warrants — cell phones

Aaron C. Burton appeals from a judgment of conviction for burglary and from an order denying his motion for postconviction relief. Burton contends that the trial court: (1) erred in denying his suppression motion because the warrant authorizing the search of his cell phone was defective and (2) erroneously exercised its sentencing discretion by finding him ineligible for the Challenge Incarceration Program (CIP). Because we conclude that the warrant was supported by probable cause and that the sentencing and postconviction courts properly determined Burton’s ineligibility for the CIP, we affirm. This opinion will not be published.

2011AP2434-CR State v. Burton

Dist II, Fond du Lac County, Murach, Sharpe, JJ., Per Curiam

Attorneys: For Appellant: Kachinsky, Leonard D., Appleton; For Respondent: Tarver, Sandra L., Madison; Toney, Eric, Fond du Lac

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