STATE EX REL. TESSLER v. KUBIAK


257 Wis. 159 (1950)

STATE EX REL. TESSLER, Appellant, vs. KUBIAK, Sheriff, Respondent.

Supreme Court of Wisconsin.

May 2, 1950.


Attorney(s) appearing for the Case

Cornelius P. Hanley and Terence N. Hickey, both of Milwaukee, for the appellant.

For the respondent there was a brief by the Attorney General, William A. Platz, assistant attorney general, William J. McCauley, district attorney of Milwaukee county, and Aladin E. DeBrozzo, deputy district attorney, and oral argument by Mr. DeBrozzo.


BROADFOOT, J.

The main contention of appellant is that the search of his car was illegal. If true, the later seizure of the tools was illegal and the motion to suppress the evidence should have been granted. The appellant testified upon the motion to suppress the evidence that the car he was driving was stopped by a police squad car at an early hour on May 21, 1949. A police sergeant in uniform asked him why he was cruising around the neighborhood and he replied,...

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