State v. Raflik

Summary

The Wisconsin Supreme Court held that the accidental failure to record a telephonic search-warrant application does not automatically require suppression of the resulting evidence. A reconstructed record may adequately protect a defendant's rights to meaningful judicial review and appeal when the reconstruction is timely, supported by contemporaneous or near-contemporaneous materials, and otherwise reliable. The court concluded that the warrant application in this case was adequately reconstructed and that suppression was improper.