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STATE v. SMITH

No. 87-0209-CR.

149 Wis.2d 89 (1989)

438 N.W.2d 571

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Prettic SMITH, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided April 25, 1989.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by William Ganser, assistant attorney general, with whom on the brief was Donald J. Hanaway, attorney general.

For the defendant-appellant there was a brief and oral argument by Michael Yovovich, assistant state public defender.

HEFFERNAN, CHIEF JUSTICE.

The state has petitioned for the review of a decision of the court of appeals1 which reversed the judgment of conviction by the LaCrosse county circuit court of Prettic Smith for possession of marijuana with intent to sell contrary to sec. 161.41(1m), Stats. The court of appeals did so, because it concluded that the warrantless interception of Smith's cordless telephone conversation, which led the police to search...

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