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Search Warrant – Probable Cause

By: Derek Hawkins//September 24, 2019//

Search Warrant – Probable Cause

By: Derek Hawkins//September 24, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Kris V. Zocco

Case No.: 2018AP1146-CR

Officials: Kessler, Brennan and Kloppenburg, JJ.

Focus: Search Warrant – Probable Cause

A jury convicted Kris Zocco of knowingly possessing sixteen recordings of child pornography. Zocco raises numerous issues on appeal. First, Zocco argues that the circuit court erroneously denied his motions to suppress evidence obtained from his apartment pursuant to two search warrants on the grounds that: (1) probable cause did not support the issuance of a warrant for the search of photos and videos on Zocco’s smartphone, the execution of which led to the issuance of a subsequent warrant to search “devices” on which the child pornography recordings were found; and (2) the seizure of an external hard drive and CDs exceeded the scope of that subsequent warrant. Second, Zocco argues that the evidence was insufficient to establish that he knowingly possessed the sixteen child pornography recordings. Third, Zocco argues that he is entitled to a Machner hearing on whether trial counsel was ineffective for not requesting a supplemental jury instruction that defined the knowledge element of the charged crime. Fourth, Zocco argues that the court erroneously rejected Zocco’s “other acts” objection and motion for a mistrial related to the State’s reference at trial to uncharged images of child pornography located on the CDs seized from Zocco’s apartment. Fifth, Zocco argues that he is entitled to a new trial in the interest of justice because of the errors alleged above. Sixth, Zocco argues that the court erroneously exercised its discretion in imposing sentence based on the court’s deeming Zocco to be a “consumer” of child pornography and on the aggravated nature of the contents of the recordings. Seventh, Zocco argues that the court improperly required as a condition of extended supervision that he “not be involved in any conduct that rises to the level of a finding of probable cause that you have violated the criminal law.” For the reasons stated, we reject all of Zocco’s arguments and 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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