Motion to Suppress Warrantless Search.


Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: State of Wisconsin v. David L. Lovell

Case No.: 2017AP2422-CR

Officials: Lundsten, P.J., Blanchard, and Kloppenburg, JJ.

Focus: Motion to Suppress Warrantless Search

David Lovell appeals a judgment of conviction on five counts of possession of child pornography following a bench trial. Lovell appeals the circuit court's denial of his pretrial request for an order allowing the defense to do the following: forensically analyze the computer that an investigator for the State used to obtain evidence from a digital, "peer-to-peer" network used for file-sharing. The State used the evidence that the investigator obtained from the peer-to-peer network as a basis to obtain a search warrant to search Lovell's home. In executing the search warrant, police obtained the child pornography evidence that formed the basis for the counts of conviction. We reject Lovell's arguments that the circuit court had statutory authority to order the forensic analysis regarding the peer-to-peer network investigation that Lovell requests. As to constitutional authority, we conclude that Lovell has failed to present a...

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