STATE v. PAYANO-ROMAN

No. 2004AP1029-CR.

290 Wis.2d 380 (2006)

2006 WI 47

714 N.W.2d 548

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Tomas R. PAYANO-ROMAN, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided May 18, 2006.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Stephen W. Kleinmaier, assistant attorney general, with whom on the briefs was Peggy A. Lautenschlager, attorney general.

For the defendant-appellant there was a brief and oral argument by Timothy A. Provis, Port Washington.


¶ 1. ANN WALSH BRADLEY, J.

The petitioner, State of Wisconsin, seeks review of a published court of appeals' decision that reversed a judgment convicting Tomas Payano-Roman of possession of heroin.1 The State asserts that the court of appeals erred in overturning the circuit court's determination that the administration of a laxative to Payano-Roman was not a government search subject to...

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