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STATE v. CARROLL

No. 2007AP1378-CR.

762 N.W.2d 404 (2008)

2008 WI App 161

STATE of Wisconsin, Plaintiff-Appellant, v. Jermichael James CARROLL, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 28, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of J.B. Van Hollen, attorney general and James M. Freimuth, assistant attorney general. There was oral argument by James M. Freimuth.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael K. Gould, assistant state public defender. There was oral argument by Michael K. Gould.

Before CURLEY, P.J., FINE and KESSLER, JJ.

¶ 1 KESSLER, J.

The State of Wisconsin appeals from an order suppressing photographic evidence obtained from a cell phone that was seized from Jermichael James Carroll. We reverse because we conclude that the evidence was ultimately seized pursuant to a valid search warrant.

BACKGROUND

¶ 2 At issue is an order suppressing evidence obtained from the defendant's cell phone after he was stopped for speeding. The following facts are taken from...

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