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SCHAFFER v. STATE

No. 75-785-CR.

75 Wis.2d 673 (1977)

250 N.W.2d 326

SCHAFFER, a/k/a Robert J. Schaeffer, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided February 15, 1977.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Jack E. Schairer, assistant state public defender, with whom on the briefs was Howard B. Eisenberg, state public defender.

For the defendant in error there was a brief by Bronson C. La Follette, attorney general, and Charles D. Hoornstra, assistant attorney general, and oral argument by William L. Gansner, assistant attorney general.

HANLEY, J.

Two issues are presented on this review:

1. Should the trial court have suppressed the physical evidence because there was not probable cause for defendant's arrest?

2. Should the trial court have suppressed testimony of the pretrial lineup identification because the lineup followed an unconstitutional arrest or because the identification procedures were unconstitutionally suggestive?

Validity of Arrest

The defendant...

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