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STATE v. MARTEN

No. 91-0119-CR.

165 Wis.2d 70 (1991)

477 N.W.2d 304

STATE of Wisconsin, Plaintiff-Appellant, v. Randy R. MARTEN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 19, 1991.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of James E. Doyle, attorney general, and Thomas J. Balistreri, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of William F. Laman of Laman and Swenson Law Offices of Eau Claire.

Before Eich, C.J., Dykman and Sundby, JJ.

EICH, C.J.

This is a prosecution for violation of the drug laws in which the state appeals from an order granting the defendant's motion to suppress evidence found in a search of his home. The issues concern the validity of the search warrant: (1) whether it was supported by probable cause; and (2) whether it was fatally overbroad in its description of the place to be searched.

We conclude that the warrant was valid. As a result, we vacate the circuit court...

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