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MEARS v. STATE

No. State 100.

52 Wis.2d 435 (1971)

190 N.W.2d 184

MEARS, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided October 5, 1971.

Attorney(s) appearing for the Case

The cause was submitted for the plaintiff in error on the brief of Gerard O'Flaherty and Johns, Flaherty, Harman & Gillette of La Crosse, and for the defendant in error on the brief of Robert W. Warren, attorney general, William A. Platz and George L. Frederick, assistant attorneys general, and Burleigh A. Randolph, district attorney of La Crosse county.

ROBERT W. HANSEN, J.

Did the manner in which certain articles taken in the burglary—the furs, the jewelry, the TV set and typewriter, etc.—came into police possession constitute constitutionally prohibited search and seizure?1 If so, the evidence procured was improperly admitted at the trial of defendant, and reversal would be required. If not, the challenge to it fails and the...

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