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STATE v. GILMORE

No. 94-0123-CR.

193 Wis.2d 403 (1995)

535 N.W.2d 21

STATE of Wisconsin, Plaintiff-Appellant, v. Kevin GILMORE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 11, 1995.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of James E. Doyle, attorney general, and Donald V. Latorraca, assistant attorney general.

For the defendant-respondent the cause was submitted on the briefs of Shellow, Shellow & Glynn, S.C., with James M. Shellow, Robert R. Henak, and Craig W. Albee of Milwaukee.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

SCHUDSON, J.

The State of Wisconsin appeals from the trial court order granting Kevin Gilmore's motion to strike the references to intercepted communications in a criminal complaint, and dismissing the redacted complaint against him for lack of probable cause.1 We conclude that § 968.29(2), STATS., provides a prosecutor the authority to use the contents of intercepted communications in a criminal complaint. Therefore, we reverse....

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