State v. Moats

The issue in this case is whether a constitutionally tainted confession may provide the sole basis at a preliminary hearing for binding over for trial a criminally charged defendant. If unconstitutionally obtained evidence is the sole evidence used at the preliminary examination and the defendant is bound over for trial, the purpose of the hearing is not affected. *80We hold that the unconstitutionally obtained confession can be used, as here, at the preliminary examination.

This issue was certified to this court by the court of appeals under sec. 809.61, Stats., and we accepted. Subsequently, by…