recommended for publication in the official reports.
from a judgment and an order of the circuit court for
Milwaukee County: No. 2016CF4327 JEFFREY A. WAGNER, Judge.
Kessler, P.J., Brennan and Dugan, JJ.
Calvin Lee Brown appeals a judgment of conviction, entered
upon guilty pleas, to one count of possession of heroin with
intent to deliver and one count of human trafficking. Brown
also appeals the order denying his postconviction motion for
relief. We affirm.
On September 23, 2016, Brown was charged with one count of
possession of heroin with intent to deliver, one count of
possession of cocaine with intent to deliver, one count of
keeping a place of prostitution, two counts of human
trafficking, and one count of keeping a place of prostitution
as a party to a crime.
According to the criminal complaint, on September 20, 2016,
J.R.R. told Detective Nick Stachula of the West Allis Police
Department that she was a drug addict and was held against
her will at Brown's West Allis residence for six days.
She said that she went to the residence to visit a friend,
Valarie Miller, but when she arrived, Brown took her phone
and her purse and supplied her with cocaine and heroin.
J.R.R. overdosed at one point. While she was unconscious,
Miller took pictures of her in her underwear and posted them
on a prostitution solicitation website. She further told
Stachula that Brown wanted her to engage in prostitution in
exchange for drugs and that Brown stored drugs in Tupperware
located either in the living room or a locked refrigerator.
That same day, Detective Jerritt Mees conducted a follow-up
interview with J.R.R. J.R.R. provided Mees with more details
about her time at Brown's house, including Brown's
distribution of drugs to the women in the house and the
location of the drugs.
Stachula applied for a search warrant of Brown's
residence. In the affidavit, Stachula described his
experience and his interview with J.R.R. Stachula also stated
that J.R.R. provided him with the phone number used to set up
prostitution dates. West Allis police checked the website
described by J.R.R. and saw several advertisements using the
phone number provided by J.R.R., including an advertisement
using a picture of an unconscious J.R.R. in her underwear.
Stachula's affidavit also stated that he asked a West
Allis police officer to conduct surveillance of Brown's
residence while Stachula continued his investigation. The
officer observed several occupants of the residence enter a
vehicle parked in front of the residence. The vehicle was
registered to Brown and had an emissions suspension. The
officer conducted a traffic stop and ultimately arrested
Brown and Miller. Stachula's affidavit further stated
that he made contact with Brown after his arrest and asked
for consent to search Brown's residence. Brown refused
The search warrant was subsequently executed. At Brown's
residence, officers found ledgers containing service prices
and ads for the prostitution website, as well as a plastic
container containing unused condoms, lubricants, and lotion.
Inside a locked refrigerator, they found two Tupperware
containers. One contained $2500 in currency. The other
contained plastic bags with heroin and cocaine. In addition,
officers found syringes, cotton balls, tourniquets, a burnt
spoon, baking soda, sandwich bags, a scale, and paperwork
connecting Brown to the residence.
Brown moved to suppress the evidence seized during the
execution of the search warrant. Brown argued that the
warrant lacked probable cause because Stachula's
affidavit: (1) did not establish J.R.R.'s reliability and
credibility; (2) contained stale information; (3) lacked
sufficient information to support suspicion of possible
prostitution activity; and (4) "contained intentional or
reckless omissions of fact, the inclusion of which would have
negated probable cause." Specifically, Brown alleged
that the affidavit omitted the fact that the circuit court
had issued a bench warrant for J.R.R.'s arrest on
September 9, 2016, based on J.R.R.'s violation of a
deferred prosecution agreement in a drug case. Brown also
claimed that J.R.R. did not report that Brown was holding her
against her will until after officers arrested her on
September 20, 2016.
The circuit court denied Brown's motion without an
evidentiary hearing, stating, "I don't see any
problems … with the fact that the warrant was issued
based upon the facts that were contained as alleged in the
affidavit." Brown subsequently pled guilty to two
charges-one count of possession with intent to deliver heroin
and one count of human trafficking.
Brown filed a postconviction motion, arguing, as relevant to
this appeal, that he was entitled to a Franks/Mann
hearing. The motion challenged the probable cause
of the warrant and J.R.R.'s credibility. Specifically,
the motion argued that the warrant failed to include
information about J.R.R.'s criminal activity, including a
pending drug charge, a failure to appear in court, and an
arrest on a bench warrant, among other things. The motion