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
e. Probable cause absent
State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: Search warrant based on drug transaction occurring 30 days earlier lacked probable cause, ¶32 n. 7: … From our review of the record, it would appear that probable cause as to the search of his residence was stale. The most recent information directly… Read more
State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: There was an insufficiently established “nexus” between the contraband found in a package and its return address to support a search warrant for that address: ¶31 What Hennen does not describe in his affidavit is critical to our analysis. He never tells the reader that… Read more
State v. Bill P. Marquardt, 2005 WI 157, on certification; prior history: 2001 WI App 219 For Marquardt: John Brinckman; Patricia A. Fitzgerald Issue/Holding: The good-faith exception is inapplicable when indicia of probable cause are so lacking as to render official belief in its existence unreasonable. This inquiry is distinct from the question of whether the supporting facts… Read more
State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether the search warrant was supported by probable cause. Holding: ¶18. …. The State points to several facts in the affidavits: (1) Mary’s telephone was off the hook the day she was killed, suggesting “that the perpetrator had… Read more
