State v. Mitchell

1988

Venue: WI SC
Facts: Sexual assault of a minor. She is later diagnosed as having gonnorhea. Test on the defendant comes up negative. Detectives seek a seond test, and basically falsify probable cause for the warrant.
Posture: Motion to suppress the test results denied. Ct. App. thinks that was a mistake.
Issue: Three of them:
  1. Should the test have been suppressed?
  2. Was allowing testimony that the victim was a virgin reversible error as a violation of the rape shield law?
  3. If so, is the rape shield law unconstitutional as a violation of separation of powers?
Holding:
  1. No; there was probable cause in spite of the false testimony.
  2. It was error, but it was harmless.
  3. We don't have to decide this.
Reversed.
Rule: When a defendant makes a substantial preliminary showing that a false statement (knowingly, intentionally, or with reckless disregard for the truth) has been included in an affidavit for a warrant, the defendant s entitled to a hearing. (A Franks hearing.)
Reasoning: No Franks hearing required here because there was enough true information to establish probable cause.

With respect to the rape shield law, this testimony doesn't fit within one of the exceptions, so it should not have been admitted. But the error was harmless, because the primary issue at trial was the identification of the defendant, and this error would not have contributed to deciding that issue.
Dicta: