STATE v. HAJICEK

No. 98-3485-CR.

230 Wis.2d 697 (1999)

602 N.W.2d 93

STATE of Wisconsin, Plaintiff-Appellant, v. Charles J. HAJICEK, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 30, 1999.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jennifer E. Nashold, assistant attorney general, and James E. Doyle, attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Bruce J. Rosen and Susan C. Blesener of Pellino, Rosen, Mowris & Kirkhuff, Madison.

Before Dykman, P.J., Roggensack and Deininger, JJ.


DEININGER, J.

The State appeals an order suppressing evidence collected during a warrantless search of Charles Hajicek's residence. The trial court determined that the search was not a probation search as the State maintained, but a police search conducted in violation of the Fourth Amendment. We conclude that the question of whether a search involving both law enforcement and probation officers constituted a police search or a probation search is a factual one, which...

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