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STATE v. DIMAGGIO

No. State 82.

49 Wis.2d 565 (1971)

182 N.W.2d 466

STATE, Respondent, v. DIMAGGIO and another, Appellants.

Supreme Court of Wisconsin.

Decided January 5, 1971.

Attorney(s) appearing for the Case

For the appellant Pipito there were briefs by William J. Mantyh and Honeck, Mantyh & Arndt, all of Milwaukee, and oral argument by William J. Mantyh.

For the appellant DiMaggio there was a brief and oral argument by Joseph P. Balistrieri of Milwaukee.

For the respondent the cause was argued by Lee Edward Wells, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

HANLEY, J.

Numerous issues are presented on this appeal. We will first consider the issues that are common to both cases and then consider the issues personal to each defendant.

1. Were the defendants' apprehension, detention and arrests made upon the basis of probable cause or common-law standards?

Pipito contends that Officer Retzer was not possessed of sufficient information to justify an arrest without warrant in these circumstances. He...

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