STATE v. SCHWEGLER

Nos. 91-2636-CR, 91-2637-CR.

170 Wis.2d 487 (1992)

490 N.W.2d 292

STATE of Wisconsin, Plaintiff-Appellant, v. Herman R. SCHWEGLER, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Debra L. SCHIER-SCHWEGLER, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 5, 1992.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, there were briefs and oral argument by Kevin M. Osborne, assistant district attorney.

On behalf of the defendants-respondents, there was a brief by Thomas E. Brown, Marna M. Tess-Mattner and Kathryn A. Keppel of Gimbel, Reilly, Guerin & Brown of Milwaukee. There was oral argument by Marna M. Tess-Mattner.

Before Nettesheim, P.J., Anderson and Snyder, JJ.


SNYDER, J.

The state appeals from orders1 suppressing all evidence obtained as a result of a warrantless administrative inspection of the defendants' property by a county humane officer. The state argues that the humane officer acted within her inspection authority, resulting in a search that, although warrantless, was permissible under sec. 968.10(4), Stats., and reasonable under the fourth amendment. We agree with the trial court that...

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