State v. Jaime Romero, 2009 WI 32, reversing unpublished opinion For Romero: Thomas E. Hayes Issue/Holding: Search warrant affidavit, based in part on incriminatory statements of “unwitting” informant (“Mr. X”), established probable cause: ¶29 In the instant case a confidential informant told a law enforcement officer what someone else had told him. In such a case, the veracity… Read more
B. Search warrants
State v. Michael A. Sveum, 2009 WI App 81, affirmed on other grounds, 2010 WI 92 For Sveum: Robert J. Kaiser, Jr. Issue/Holding: ¶40 Sveum’s particularity argument is that the many items authorized for seizure were so “non-specific” that the warrant was an invalid general warrant. Police were authorized to seize phone bills, journals, calendars, logs, computers… Read more
State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: Although an “anticipatory” search warrant may be issued to seize property in transit, a warrant may not condition its execution on verification of an address, ¶¶16-24 … Read more
State v. Juan A. Casarez, 2008 WI App 166 For Casarez: Adam C. Essling Issue/Holding: ¶12 Although Casarez concedes the affidavit establishes probable cause that he committed a crime, he asserts that it contains no evidence to establish that a crime was committed at his home, that the gun was ever observed at his home… Read more
State v. Adrian J. Jackson, 2008 WI App 109 For Jackson: Craig S. Powell; Brian Kinstler Issue: Whether a warrant established probable cause to search either the entirety of a multi-unit residential building. Holding: ¶19 The magistrate was told only that the informant saw Jackson with two guns “at the residence of 4124 N. 21st Street”… Read more
State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: A search warrant that conditions its execution on verification of the target’s address violates the 4th amendment’s particularity requirement: ¶25 … The Fourth Amendment clearly sets forth the particularity requirement that must be satisfied prior to issuance of a warrant. … The… Read more
State v. Adrian J. Jackson, 2008 WI App 109 For Jackson: Craig S. Powell; Brian Kinstler Issue/Holding: A warrant describing the building to be searched only as “a two-story duplex residence” did not satisfy the particularity requirement: ¶9 If the location to be searched is not described with sufficient particularity to inform officers which unit in… Read more
State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116 For LaCount: T. Christopher Kelly Issue: Whether execution of a search warrant for business records exceeded the warrant’s scope in that the warrant: authorized only the search for and seizure of records that related to a specific business with specifically named clients; and also authorized… Read more
