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STATE v. ALTENBURG

No. 88-1985-CR.

150 Wis.2d 663 (1989)

442 N.W.2d 526

STATE of Wisconsin, Plaintiff-Respondent, v. James A. ALTENBURG, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 4, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Ruth S. Downs, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Sally L. Wellman, assistant attorney general.

Before Gartzke, P.J., Eich and Sundby, JJ.

EICH, J.

James Altenburg appeals from a judgment convicting him of possession of marijuana with intent to deliver in violation of sec. 161.41(1)(b), Stats. The sole issue is whether the trial court erred in failing to suppress evidence seized by police without a warrant after an officer, who had been invited into one room in the house, went to another room to which he had not been invited, but where the evidence was lying in the open, in plain sight of anyone entering...

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