On Point blog, page 1 of 1
Search & Seizure – Applicability of Exclusionary Rule — Violation of Nonconstitutional Right – Statutory Building Inspection Procedure
State v. Albert Jackowski, 2001 WI App 187
For Jackowski: Ronald C. Shiroka
Issue: Whether violation of a statutory requirement for issuance of a building inspection warrant (namely, the § 66.0119(2) condition that such a warrant be issued only upon showing that consent to enter was refused) supports suppression of evidence obtained after entry under the warrant.
Holding:
¶17. We accept, however, the State’s alternative argument that refusal of consent is not a constitutional requirement for issuance of an administrative warrant,
Administrative Searches — Warrants — Building Inspection
State v. Albert Jackowski, 2001 WI App 187
For Jackowski: Ronald C. Shiroka
Issue1: Whether review of issuance of an administrative warrant is entitled to the same deference as a criminal search warrant.
Holding: “Great deference” is no less accorded a magistrate’s decision to issue an administrative warrant than a criminal search warrant. ¶¶9-14.
Issue2: Whether a building inspection warrant must be supported by probable cause to believe code violations then exist in the building.