State v. Loney

Defendant has appealed the judgr ment convicting him of possession of a controlled sub stance with intent to deliver, contrary to secs. 161.41 (lm) and 939.05(2) (b) and (c), Stats. He seeks review of an order denying his motion to suppress evidence, after which he pleaded guilty. The order is reviewable on appeal from the judgment. Sec. 971.31(10), Stats. We hold that the evidence should have been suppressed.

Defendant moved to suppress evidence obtained on a warrant to search his home. The warrant was issued by a court commissioner. Defendant contended that the commissioner lacked authority…