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STATE v. LANGE

No. 90-0743-CR.

158 Wis.2d 609 (1990)

463 N.W.2d 390

STATE of Wisconsin, Plaintiff-Appellant, v. William M. LANGE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 16, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Sharon Ruhly, assistant attorney general, and oral argument of Sharon Ruhly.

On behalf of the defendant-respondent, the cause was submitted on the brief and oral argument of Kenneth L. Lund, assistant state public defender.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

The state of Wisconsin appeals nonfinal orders1 suppressing 170 marijuana plants seized under a warrant. The warrant had been obtained in partial reliance on an earlier police seizure of one marijuana bud for testing, and the trial court determined that the earlier police seizure involved an impermissible fourth amendment violation of Lange's curtilage.

The state contends that the trial court erred by determining that...

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