State v. Smith

HEFFERNAN, CHIEF JUSTICE.

The state has petitioned for the review of a decision of the court of appeals1 which reversed the judgment of conviction by the LaCrosse county circuit court of Prettic Smith for possession of marijuana with intent to sell contrary to sec. 161.41(lm), Stats. The court of appeals did so, because it concluded that the warrantless interception of Smith’s cordless telephone conversation, which led the police to search Smith’s house, was a protected “wire communication” under the Wisconsin Electronic Surveillance Control Law, secs. 968.27 to 968.33, Stats. It therefore, in…