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STATE v. SMITH

No. 75-27-CR.

72 Wis.2d 711 (1976)

242 N.W.2d 184

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

Supreme Court of Wisconsin.

Decided June 2, 1976.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Thomas J. Balistreri, assistant attorney general.

For the defendant in error the cause was submitted on the brief of Robert E. Sutton of Milwaukee.

HANLEY, J.

One issue is raised on appeal. If an oral communication is lawfully intercepted because of the consent of a party to the conversation but is otherwise inadmissible into evidence in a criminal prosecution due to a failure to comply with statutory requirements, does such deficiency require the additional suppression of the testimony of the consenting participant?

No reference is made in the criminal complaint...

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