State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238 For Oswald: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether a search of documents exceeded the scope of a warrant authorizing a search for currency, among other things. Holding: Because the warrant authorized a search for currency, the officers were… Read more
B. Search warrants
State v. Dennis Moslavac, 230 Wis. 2d 338, 602 N.W.2d 150 (Ct. App. 1999) For Moslavac: Michael S. Holzman. Issue/Holding: The knock-and-announce rule does not apply when the target premises are unoccupied. Police have authority to forcibly execute a search warrant when the premises are unoccupied. It follows that the knock-and-announce rule doesn’t apply to… Read more
State v. Delano J. O’Brien, 223 Wis.2d 303, 588 N.W.2d 8 (1999), reconsideration denied, 225 Wis.2d 247, 591 N.W.2d 846 (1999), affirming State v. O’Brien, 214 Wis.2d 327, 572 N.W.2d 870 (Ct. App. 1997) For O’Brien: Martin E. Kohler, John C. Thomure, Jr. Holding: A search warrant was obtained for O’Brien’s residence (a farmstead including a duplex), and during the… Read more
State v. Nakia N. Hayes, 196 Wis. 2d 753, 540 N.W.2d 1 (Ct. App. 1995) For Hayes: William E. Schmaal, SPD, Madison Appellate Issue/Holding: Next, Hayes argues that innocent persons could become caught up in the “all occupants” provisions of the search warrant. This obviously is true. But it does not necessarily invalidate the warrant. The… Read more
