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STATE v. KERR

No. 92-1859-CR.

181 Wis.2d 372 (1994)

511 N.W.2d 586

STATE of Wisconsin, Plaintiff-Respondent, v. James W. KERR, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided February 8, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs and oral argument by Jack E. Schairer, assistant state public defender.

For the plaintiff-respondent the cause was argued by Gregory M. Posner-Weber, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

Amicus curiae brief was filed by Michael J. Fitzgerald and Coffey, Coffey & Geraghty, Milwaukee, for the American Civil Liberties Union of Wisconsin Foundation.

SHIRLEY S. ABRAHAMSON, J.

This is a review of a published decision of the court of appeals, State v. Kerr, 174 Wis.2d 55, 496 N.W.2d 742 (Ct. App. 1993), affirming the judgment of conviction of the circuit court for Brown county, Peter J. Naze, Circuit Judge.

Two issues are raised on review: (1) Is the warrant to search for drugs in the defendant's motel room supported by probable...

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