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STATE v. RAFLIK

No. 00-1086-CR.

248 Wis.2d 593 (2001)

2001 WI 129

636 N.W.2d 690

STATE of Wisconsin, Plaintiff-Respondent, v. Cherise A. RAFLIK, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided December 4, 2001.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Michael J. Fitzgerald, Dean A. Strang, and Fitzgerald, & Strang, S.C., Milwaukee, and Michael J. Fitzgerald, Craig W. Albee, and Glynn, Fitzgerald & Albee, S.C., Milwaukee, and oral argument by Michael J. Fitzgerald.

For the plaintiff-respondent the cause was argued by Stephen W. Kleinmaier, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. JON P. WILCOX, J.

This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12(3)(d)1, and when the factual basis for the warrant is reconstructed in an ex parte hearing after the warrant has been executed. We conclude that suppression is improper, and that the warrant application in this case was appropriately...

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