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Probable Cause

By: Derek Hawkins//May 14, 2019//

Probable Cause

By: Derek Hawkins//May 14, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Calvin Lee Brown

Case No.: 2018AP766-CR

Officials: Kessler, P.J., Brennan and Dugan, JJ.

Focus: Probable Cause

Calvin Lee Brown appeals a judgment of conviction, entered upon guilty pleas, to one count of possession of heroin with intent to deliver and one count of human trafficking. Brown also appeals the order denying his postconviction motion for relief.  On appeal, Brown reiterates the argument made in his postconviction motion, namely, that he was entitled to a Franks/Mann hearing because Stachula’s affidavit deliberately excluded information pertaining to J.R.R.’s credibility as an informant.

We agree with the State that “[t]he officers’ corroboration of [J.R.R.]’s statements through surveillance, a traffic stop, record checks, and an examination of the [website] advertisements significantly enhanced the observational reliability of [J.R.R.’s] detailed allegations.” The information in the affidavit was accurate, corroborated, and sufficient for a magistrate to determine probable cause. Based on the totality of these circumstances, the omitted information was not critical to a probable cause determination. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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