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LAMPKINS v. STATE

Nos. State 49, 120.

51 Wis.2d 564 (1971)

187 N.W.2d 164

LAMPKINS (Melvatean), Plaintiff in error, v. STATE, Defendant in error. LAMPKINS (James Lee), Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided June 2, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error Melvatean Lampkins there was a brief and oral argument by Thomas P. Maroney, attorney, and Anthony W. Schiro of counsel, both of Milwaukee.

For the plaintiff in error James Lee Lampkins there was a brief and oral argument by Gerald P. Boyle of Milwaukee.

For the defendant in error 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 review. We will first consider the issues that are common to both cases and then consider the issues raised by each defendant.

1. Should the charges against the defendants be dismissed for lack of probable cause at the time of arrest?

Defendants contend that their arrests were illegal for lack of probable cause. Such arrests, they argue, amount to a...

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