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Suppression Hearing – Riverside Hearing – Factual Misrepresentation

State v. Eddie McAttee, 2001 WI App 262
For McAttee: Russell D. Bohach

Issue: Whether the Riverside probable cause finding was tainted by a factual misrepresentation (specifically, that McAttee had been implicated by a “coconspirator”) in the police report submitted in support of continued detention.

Holding: Though describing the informant as a coconspirator “may have been legally inexact, it also may have accurately conveyed the police’s understanding, at least in the vernacular.” The officer’s use of the term wasn’t “calculated to mislead.” ¶¶19-20.

“The issue of whether suppression is an appropriate remedy for a Riverside/Gerstein violation is unresolved by the Supreme Court although the Supreme Court has held that exclusion is appropriate for other constitutional violations,” Lawhorn v. Allen, 11 Cir No. 04-11711, 3/11/08.

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