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STATE v. STARKE

No. 76-727-CR.

81 Wis.2d 399 (1978)

260 N.W.2d 739

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

Supreme Court of Wisconsin.

Decided January 3, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Edward S. Marion, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the defendant in error there was a brief by Willis B. Swartwout III, Gary L. Heiber and Swartwout & Heiber, of New Berlin, and oral argument by Willis B. Swartwout III.

Murill Starke, defendant in error, moved to suppress evidence seized pursuant to two search warrants. The trial court granted the motion to suppress the evidence and in doing so issued three orders. Writs of error issued at the instance of the State of Wisconsin, plaintiff in error, to review these orders.

CONNOR T. HANSEN, J.

The defendant, Chief of Police of the village of Pewaukee, was arrested on August 6, 1976, in his office by Lieutenant James Chase, Detective John Willert and two other detectives, all of the Waukesha county sheriff's department. The arrest was made pursuant to a complaint and warrant dated the same day, which charged the defendant in error with the following four offenses: (1) Theft, contrary to sec...

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