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STATE v. LEE

No. 78-449-CR.

97 Wis.2d 679 (1980)

294 N.W.2d 547

STATE of Wisconsin, Plaintiff-Respondent, v. Charles K. LEE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 27, 1980.

Attorney(s) appearing for the Case

For the defendant-appellant, there was a brief and oral argument by William D. Whitnall of Racine.

For the plaintiff-respondent, there was a brief submitted by Bronson C. La Follette, attorney general, and David J. Becker, assistant attorney general. Oral argument by David J. Becker.

Before Voss, P.J., Brown and Bode, J.J.

BROWN, J.

In this case, police had an arrest warrant for Oliver Scott Johnson but arrested Charles K. Lee by mistake, thinking him to be Johnson. Subsequent to Lee's arrest, a house search was conducted producing a suitcase full of marijuana. Lee was charged and convicted of possession of marijuana with intent to sell. He claims that his arrest is invalid because there were no reasonable, articulable grounds for police to believe he was the intended arrestee. We agree...

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