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Search and Seizure; Search warrants; staleness

By: Rick Benedict//July 17, 2013//

Search and Seizure; Search warrants; staleness

By: Rick Benedict//July 17, 2013//

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Search and Seizure; Search warrants; staleness

Diane M. Millard appeals from her conviction for possessing drug paraphernalia pursuant to WIS. STAT. § 961.573(1). Millard was charged with possession of drug paraphernalia and possession of an illegally obtained prescription drug after police found a marijuana pipe and prescription pill in her jewelry box. Millard moved to suppress the evidence, arguing that police seized the items during an unlawful search and seizure. Millard argued that the information supporting the warrant was stale when the warrant was issued, that probable cause was stale when the warrant was executed, that the warrant was overbroad, and that there was no other justification for seizure of the illegally obtained prescription pill. The circuit court was not persuaded by these arguments and neither are we. We affirm the denial of Millard’s motion to suppress and her resulting conviction.

Affirmed.

This opinion will not be published.

2012AP2646-CR State v. Millard

Dist. II, Winnebago County, Seifert, J., Neubauer, J.

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