Motion to Suppress Evidence Denied

By: Derek Hawkins//November 11, 2021//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Todd DiMiceli

Case No.: 2020AP1302-CR

Officials: Kloppenburg, Fitzpatrick, and Graham, JJ.

Focus: Motion to Suppress Evidence Denied

Todd DiMiceli appeals a judgment of conviction for two counts of possession of child pornography. He argues that the circuit court erroneously denied his motion to suppress evidence derived from a court-ordered subpoena for records from his internet service provider. Specifically, DiMiceli contends that the evidence should be suppressed because law enforcement did not serve the subpoena within five days as required by WIS. STAT. § 968.375(6) (2019-20). We conclude that, under the circumstances, law enforcement’s noncompliance with § 968.375(6) was a technical irregularity or error, and that it did not affect DiMiceli’s substantial rights. Therefore, based on § 968.375(12), we affirm the circuit court.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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