State v. Dunn

I disagree with the majority’s analysis and result. I would affirm.

Probable cause is a question of mixed fact and law. State v. Drogsvold, 104 Wis. 2d 247, 261-62 n. 6, 311 N.W.2d 243, 250 (Ct. App. 1981). The trial court concluded that probable cause had not been established because it could not find that defendant probably intended to burn the building, the felony charged, rather than the contents of the closet, an uncharged felony.1 Secs. 943. 02(1) (a) and 943.03, Stats.

If the historical facts are undisputed, the existence of probable cause is a question of law which an appellate court…