Suppression of Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Thomas G. Schye

Case No.: 2021AP002094-CR

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

Focus: Suppression of Evidence

Schye appeals from a judgment convicting him of one count of possession of child pornography. Schye argues that the circuit court erred when it denied two of his motions to suppress evidence obtained as a result of the search of his home and electronic devices pursuant to a warrant, as well as his motion for reconsideration. According to Schye, the search warrant leading to the discovery of the child pornography on his electronic device was not supported by probable cause. He also contends that the search warrant affiant provided false information and omitted material facts.

The Court of Appeals disagreed with the trial court’s assessment that the State’s evidence was insufficient. It pointed out that a jury could find by a preponderance of the evidence that Shalgheen committed the prior acts based on the victims’ testimony. The court also stated that the probative value of these prior acts did not substantially outweigh their prejudicial effect. The similarities and temporal proximity of the prior acts to the current case were significant, and their exclusion was not justified.

Affirmed.

Decided 12/05/23

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