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STATE v. GIL

No. 95-3347-CR.

208 Wis.2d 531 (1997)

561 N.W.2d 760

STATE of Wisconsin, Plaintiff-Respondent, v. Rolando A. GIL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 5, 1997.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Paul LaZotte of Legal Assistance Program of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Marguerite M. Moeller, assistant attorney general.

Before Brown, Nettesheim and Anderson, JJ.

BROWN, J.

Waukesha county drug agents set up an undercover operation and were listening in the next room when Rolando A. Gild tried to rob and kill their informant. Even though the drug agents had their informant's consent to make a recording of the transaction, the electronic surveillance law in effect at that time stated that one-party consent recordings could only be used to prove drug charges, not the attempted robbery and homicide that the agents inadvertently...

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