MUETZE v. STATE

No. 75-92-CR.

73 Wis.2d 117 (1976)

243 N.W.2d 393

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

Supreme Court of Wisconsin.

Decided June 14, 1976.


Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Howard B. Eisenberg, state public defender, and Jack E. Schairer, assistant state public defender, and oral argument by Jack E. Schairer.

For the defendant in error the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.


BEILFUSS, C. J.

The principal issue is whether a search warrant can be validly issued when based upon an affidavit disclosing private communications between husband and wife.

On May 22, 1973, at Bangor, Wisconsin, a hardware store was broken into and several small appliances stolen. This burglary was reported to the La Crosse County Sheriff's Department.

On May 23, 1973, two detectives of the La Crosse City Police Department responded to a domestic...

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