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Exigency – Browsing through Image Gallery of Lawfully Cell Phone Unsupported

State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161
For Carroll: Michael K. Gould, SPD, Milwaukee Appellate

Issue/Holding: Exigent circumstances did not support browsing through image gallery of lawfully seized cell phone:  “That data was not in immediate danger of disappearing before Belsha could obtain a warrant,” ¶33.

The court of appeals had merely assumed that such browsing was improper on the facts, but the supreme court now distinctly holds “that that search was indeed improper and that the evidence obtained from that search at that time was tainted,” ¶33.


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