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STATE v. POPENHAGEN

No. 2006AP1114-CR.

728 N.W.2d 45 (2006)

2007 WI App 16

STATE of Wisconsin, Plaintiff-Appellant, v. Michelle R. POPENHAGEN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed December 12, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Steven M. Michlig, Rhinelander.

On behalf of the defendant-respondent, the cause was submitted on the brief of James B. Connell of Crooks, Low & Connell, S.C., Wausau.

Before CANE, C.J., and HOOVER, P.J., and PETERSON, J.

¶ 1 PETERSON, J.

The State appeals an order suppressing Michelle Popenhagen's bank records and certain incriminating statements she made after the records were seized. The bank records were obtained without probable cause and in violation of state and federal statutes. However, because the State did not violate Popenhagen's state or federal constitutional rights, suppression is not available as a remedy. We therefore reverse the order.

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