State v. Verkuylen

The state appeals the circuit court’s order suppressing evidence obtained in executing a search warrant issued by a court commissioner. The court suppressed the evidence because the commissioner, due to a judicial oversight, had not been formally authorized to issue search warrants. See sec. 757.69(1) (b), Stats.1 Because we conclude that this oversight does not justify suppression of the evidence in this case, we reverse the order and remand this matter to the circuit court with directions to admit the evidence.

The state concedes that the commissioner’s warrant was defective under State v.…