Legal Opinion · Dissent

State v. Popenhagen

Wisconsin Supreme Court

Decided June 4, 2008No. 2006AP1114-CRPublished

1DissentPatience Drake Roggensack, J.

155. (dissenting). We are asked to review a court of appeals decision reversing the circuit court's order (1) suppressing bank records that were subpoenaed and produced without a finding of probable cause, which Wis. Stat. § 968.135 (2005-06)1 requires, and (2) suppressing Michelle Popenhagen's subsequent incriminating statements.

*672¶ 156. I dissent from the majority opinion because I conclude that controlling precedent, as established more than 20 years ago by the appellate courts of this state, precludes suppressing Popenhagen's bank records and her subsequent incriminating statements. I reach…

2Cases cited62 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. United States v. LeonSupreme Court of the United States · 1984
  5. Stone v. PowellSupreme Court of the United States · 1976

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