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STATE v. ROGERS

No. 2007AP1850-CR.

762 N.W.2d 795 (2008)

2008 WI App 176

STATE of Wisconsin, Plaintiff-Appellant, v. Eric Dwayne ROGERS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed November 12, 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.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mark D. Richards of Richards & Hall, S.C., of Racine.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 BROWN, C.J.

This case presents two novel issues, at least in Wisconsin. The first issue deals with a situation where the affidavit supporting the search warrant was correct, but the warrant itself identified the wrong vehicle as the subject of the search because the officer used a prior, unrelated search warrant to help him draft this one, and in so doing, carelessly lifted information from the old warrant and put it into the new. The second issue examines...

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