Sufficiency of Evidence – Child Pornography

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Thor S. Lancial

Case No.: 2022AP000146-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Sufficiency of Evidence – Child Pornography

Lancial appeals a judgment convicting him of ten counts of possession of child pornography. Lancial argues that the evidence presented at his jury trial was insufficient to support his convictions because the State did not show that he possessed child pornography “on or about July 9, 2019,” which was the date alleged in the Information. In the alternative, Lancial contends that the circuit court erred by denying his motion to suppress. He argues that the terms of the search warrant at issue did not authorize law enforcement to search his cell phone, which was located in the residence that was the subject of the warrant.

The warrant authorized law enforcement to seize electronic devices, including Lancial’s cell phone, but it did not authorize law enforcement to search those devices. The warrant also did not authorize law enforcement to search for or seize any item that might be found within the digital storage of Lancial’s cell phone. Thus, law enforcement exceeded the scope of the warrant and unlawfully searched Lancial’s cell phone. The State alternatively argues that the exclusionary rule does not apply and, even if it did, the good-faith exception should excuse the State’s misconduct.

Reversed and Remanded.

Decided 01/05/23 

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