State v. Carroll
Wisconsin Supreme Court
778 N.W.2d 1 (2010)
A car driven by Jermichael Carroll (defendant) sped away from premises that police detective Belsha was surveilling. After a high-speed chase, Carroll pulled into a lot and exited the car. Belsha ordered Carroll to drop what he was holding. Carroll dropped a cell phone that displayed a marijuana blunt. Belsha knew drug traffickers displayed that kind of image on their phones. Belsha browsed the phone’s image gallery and saw photos of drugs, firearms, and currency. One image showed Carroll holding a semiautomatic firearm. The phone rang. Belsha answered and understood the caller to be attempting to purchase cocaine. Belsha obtained a search warrant for Carroll’s phone. Carroll was charged with possession of a firearm by a felon based on the image in his phone. Concluding that the warrant was based on an illegal search of the phone’s image gallery, the trial court granted Carroll’s motion to suppress. The court of appeals reversed. Carroll appealed.
Rule of Law
Holding and Reasoning (Crooks, J.)
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