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WI Courtroom of Appeals – District III
Case Identify: State of Wisconsin v. Thor S. Lancial
Case No.: 2022AP000146-CR
Officers: Stark, P.J., Hruz and Gill, JJ.
Focus: Sufficiency of Proof – Youngster Pornography
Lancial appeals a judgment convicting him of ten counts of possession of kid pornography. Lancial argues that the proof offered at his jury trial was inadequate to help his convictions as a result of the State didn’t present that he possessed youngster pornography “on or about July 9, 2019,” which was the date alleged within the Info. Within the various, Lancial contends that the circuit courtroom erred by denying his movement to suppress. He argues that the phrases of the search warrant at concern didn’t authorize regulation enforcement to look his mobile phone, which was positioned within the residence that was the topic of the warrant.
The warrant approved regulation enforcement to grab digital gadgets, together with Lancial’s mobile phone, however it didn’t authorize regulation enforcement to look these gadgets. The warrant additionally didn’t authorize regulation enforcement to seek for or seize any merchandise that is perhaps discovered inside the digital storage of Lancial’s mobile phone. Thus, regulation enforcement exceeded the scope of the warrant and unlawfully searched Lancial’s mobile phone. The State alternatively argues that the exclusionary rule doesn’t apply and, even when it did, the good-faith exception ought to excuse the State’s misconduct.
Reversed and Remanded.
Determined 01/05/23
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