Legal Opinion

Alston v. State

Wisconsin Supreme Court

Decided March 1, 1966PublishedCited by 18 opinions

1Opinion of the CourtBeilfuss, J.

The issues presented in this case are whether the police indulged in an unreasonable search and seizure, whether there was sufficient evidence to support the conviction, and whether the defect in the warrant compels a new trial.

The federal 1 and the Wisconsin 2 constitutions protect against unreasonable searches and seizures in substantially identical provisions. 3 Therefore, the decision in Mapp v. Ohio 4 did not change the law in Wisconsin. 4a That decision and others following it indicate that exclusion of evidence obtained in violation of the constitutional guaranties puts meaning into…

2Cases cited17 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Johnson v. United StatesSupreme Court of the United States · 1948
  4. Ker v. CaliforniaSupreme Court of the United States · 1963
  5. Preston v. United StatesSupreme Court of the United States · 1964

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3Cited by18 opinions

  1. State v. PiresWisconsin Supreme Court · 1972
  2. State Ex Rel. Simos v. BurkeWisconsin Supreme Court · 1968
  3. Oseman v. StateWisconsin Supreme Court · 1966
  4. State Ex Rel. Sikora v. District Ct. of 13th Jud. Dist.Montana Supreme Court · 1969
  5. State v. HermandsonSouth Dakota Supreme Court · 1969

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