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STATE v. CABAN

No. 94-1015-CR.

202 Wis.2d 416 (1996)

551 N.W.2d 24

STATE of Wisconsin, Plaintiff-Respondent, v. Marty R. CABAN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 2, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Katherine R. Kruse of Legal Assistance To Institutionalized Persons of Madison.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Diane M. Nicks, assistant attorney general.

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

SUNDBY, J.

In this appeal, we hold that the "automobile exception" to the warrant procedure of the Fourth Amendment to the United States Constitution allows the police to search "readily mobile" automobiles without first obtaining a warrant for that purpose. We further hold, however, that the automobile exception does not dispense with the requirement that the police have probable cause to believe that an automobile contains evidence of a crime before they may abandon...

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