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STATE v. HESS

No. 2008AP2231-CR.

770 N.W.2d 769 (2009)

2009 WI App 105

STATE of Wisconsin, Plaintiff-Respondent, v. Michael R. HESS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed June 17, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of George M. Tauscheck of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Aaron R. O'Neil, assistant attorney general, and J.B. Van Hollen, attorney general.

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

¶ 1 BROWN, C.J.

Wisconsin adopted a good faith exception to the exclusionary rule in State v. Eason, 2001 WI 98, ¶ 74, 245 Wis.2d 206, 629 N.W.2d 625. When people close to the criminal law discuss this exception, they speak of a scenario where law enforcement officers seek to do something, get judicial approval to do it (a warrant), and act in good faith reliance on that judicial...

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