State v. Burrows

2019 WI App 5, 925 N.W.2d 789, 385 Wis. 2d 515
CourtCourt of Appeals of Wisconsin
DecidedDecember 26, 2018
DocketAppeal No. 2018AP770-CR
StatusPublished
Cited by3 cases

This text of 2019 WI App 5 (State v. Burrows) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Burrows, 2019 WI App 5, 925 N.W.2d 789, 385 Wis. 2d 515 (Wis. Ct. App. 2018).

Opinion

REILLY, P.J.1

¶1 Eric R. Burrows appeals from a judgment convicting him of unlawful phone use, in violation of WIS. STAT. § 947.012(1)(b), and defamation, in violation of WIS. STAT. § 942.01(1). Burrows sent threatening and harassing letters, orchestrated inflammatory and derogatory voicemail messages, and delivered a baby python snake to E.W., the victim in this case. On appeal, Burrows challenges his arrest, the seizure of evidence following his arrest, and the legality of search warrants issued for his property. For the reasons that follow, we affirm the circuit court's decision.

BACKGROUND

¶2 E.W. first contacted law enforcement in August 2016 to report that she was receiving threatening voicemails and a letter at her place of employment. She had recently ended a relationship with Burrows and believed he was responsible. The letter was sent to her employer and written from the perspective of a female. The letter informed the employer that it needed to do something about the "blond whore" that worked there as "[t]hat bitch has been screwing my man," B.K.,2 and "if you don't do something about that whore, I will come to your store and take care of her myself in my own way in front of your employees and customers, and that is a promise." The letter ended, "I would take this very serious cuz I have nothing to lose besides him. I would think you people would be able to control your employees but I guess you don't have any morals."

¶3 The voicemails, left on August 3 and 8, were on E.W.'s work phone number from an outside, blocked line. The first appeared to be a female voice yelling for E.W. to "leave her boyfriend alone and refers to her as the 'blond bitch' and if she doesn't leave him alone, she is going to come to her place of employment and pull out her 'fucking hair' and ... to 'back the fuck off.' " The second was more of the same, but also mentioned E.W.'s son joining the army and that she "hoped that her son didn't have any problems now in the army." The officer who listened to the voicemail indicated that "it appears as if someone is reading off a piece of paper into the message because the female voice appears to stumble over her words which she wanted to say and then restates it."

¶4 The officer questioned B.K. about his past, and B.K. indicated that he had not had a serious relationship "within the last couple years." B.K. also listened to the voicemails but did not recognize the voice. He did "not believe it is anybody in his personal background that would be responsible for leaving these messages or sending the letter to their employer."

¶5 The investigation was turned over to Detective Joel Clark of the Sheboygan Police Department. E.W. reported to Clark that Burrows had been sending her multiple text messages, emails, and phone calls-fifty emails sent over the course of eight days and over 150 texts sent over twelve days-ranging from asking her to get back together to accusing her of lying and cheating. Burrows also sent E.W. a nude picture of herself, threatening to share the picture on social media.

¶6 E.W.'s ex-husband also reported receiving a letter. The letter alleged that the author "found [his] name on face book" and informed him in an expletive-ridden rant of E.W. and B.K.'s relationship. The letter went on to say that "if you care about that dumb blonde cunt and your son[,] I would talk to that fucking whore and tell her to find [someone else]." The author again threatened E.W.'s son, stating that "I have family and met a lot of friends in the army through [B.K.] I hope your pot head son doesn't have a difficult time now with the army, cause of that dumb cunts [sic] actions." The letter ended: "I have nothing to lose!" Clark observed that the handwriting on the envelope sent to E.W.'s ex-husband was different than the handwriting on the letter sent to E.W.'s employer, and E.W. reported that it was "similar to the handwriting she had known to be from" Burrows.

¶7 E.W.'s son's army recruiter also received a letter written from the point of view of her son's "friend Matt," accusing him of a "marijuana addiction" and suggesting that E.W. "helps him hide it by buying him a detox solution at GNC."

¶8 On August 17, 2016, E.W. contacted Clark regarding a suspicious package that was left at the main office of her apartment complex. The secretary reported receiving two separate phone calls regarding whether the package was delivered to E.W. The first caller was a male, and according to caller identification, the call came from Burrows' place of employment. The second call E.W. recognized as Burrows' cell phone number,3 and the caller was a female claiming that she was E.W.'s sister and explaining that the package contained cheese and meat and she wanted to make sure it was delivered. After investigation, a live ball-python snake was found in the package with a note: "Surprise you lying cunt. Enjoy, this [is] who you are. Now do u care."

¶9 Clark determined that he had sufficient probable cause to arrest Burrows for stalking, and he attempted unsuccessfully to locate Burrows that day. After being unable to locate Burrows, Clark entered a temporary felony arrest warrant into the statewide law enforcement agency system, TIME.4 The next day, August 18, Clark coordinated with the Manitowoc County Sheriff's Department to apprehend Burrows during a traffic stop as Clark felt that was "the safest way to go about it." Clark and Detective Cameron Stewart, another Sheboygan detective, waited outside of Burrow's place of employment in an unmarked squad, while the Manitowoc County deputies waited down the road in marked squad cars. When Burrows emerged, Manitowoc County deputies conducted a traffic stop, took him into custody, handcuffed him, and placed him in the back of a squad car. A marked squad car from the Sheboygan Police Department then arrived on scene to transport Burrows back to Sheboygan.

¶10 While Burrows was in custody, Clark and Stewart searched Burrows' vehicle and found a cell phone sitting unobstructed in the center console along with a yellow sheet of paper with a handwritten note similar to the content of the letter sent to E.W.'s employer on the passenger seat. The note appeared to be a draft of another letter. When Burrows questioned the reason for his arrest, Clark referenced the letters, and Burrows responded, "[T]hose letters aren't coming from me," indicating that he had knowledge of the letters. Clark also told Burrows, untruthfully, that there were surveillance cameras outside E.W.'s apartment complex and the video showed Burrows leaving a box there. Burrows did not deny that he was responsible for the package, stating "maybe that a snake, if they had surveillance, was in the box." He noted, however, that the package "was not going to be about hurting or scaring anyone, it's about people lying to somebody."

¶11 Clark applied for and was granted a search warrant for Burrows' home, phone, computer, cell phone records, Google location data, hair, and buccal swabs. The search revealed Google searches for E.W.'s apartment, place of employment, E.W.'s ex-husband's information, as well as searches about "what is stalking a person." That same day, E.W. received another letter at work.5 This time the letter was enclosed in a get well card and was similar in content to the other letters, except it referenced the snake, telling E.W. to "go back to your little snake hole."

¶12 The State charged Burrows with felony stalking pursuant to WIS. STAT. § 940.32.

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Cite This Page — Counsel Stack

Bluebook (online)
2019 WI App 5, 925 N.W.2d 789, 385 Wis. 2d 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-burrows-wisctapp-2018.