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STATE v. VERKUYLEN

No. 83-634-CR.

120 Wis.2d 59 (1984)

352 N.W.2d 668

STATE of Wisconsin, Plaintiff-Appellant, v. Gerard J. VERKUYLEN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 12, 1984.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Michael R. Klos, assistant attorney general.

For the respondent the cause was submitted on the brief of Robinson, Smith & Robinson and Ron Smith, of Appleton.

Before Foley, P.J., Dean and Cane, JJ.

FOLEY, P.J.

The state appeals the circuit court's order suppressing evidence obtained in executing a search warrant issued by a court commissioner. The court suppressed the evidence because the commissioner, due to a judicial oversight, had not been formally authorized to issue search warrants. See sec. 757.69(1) (b), Stats.1 Because we conclude that this oversight does not justify suppression of the evidence in this case, we reverse...

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