On Point blog, page 5 of 5
Warrants – Good-Faith Exception – Violation of “Oath or Affirmation” Requirement
State v. Wilton Tye, 2001 WI 124
For Tye: Mark D. Richards, Christy M. Hall
Issue: Whether evidence seized under a search warrant, invalid on its face because unsupported by oath or affirmation, is covered by the good faith exception.
Holding:
¶24. Fourth and finally, the State asks this court to allow admission of the seized evidence under a good-faith exception to the exclusionary rule.
Warrants – Good-Faith Exception – Remand for Determination
State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01
For Marquardt: James B. Connell
Issue: Whether evidence seized under a warrant defective because unsupported by probable cause may be admissible under the good-faith doctrine.
Holding: Given that, subsequent to trial-level litigation, the supreme court recognized the good-faith exception to the exclusionary rule, in State v. Eason, 2001 WI 98,
Warrants – Good-faith Exception – Reliance on Judge-made Law
State v. Lisa Orta and Ricardo Ruiz, 2000 WI 4, 231 Wis.2d 782, 604 N.W.2d 543, reversing unpublished decision
For Orta: Mark F. Nielsen, Schwartz, Tifte & Nielsen
For Ruiz: Michael P. Reisterer, Jr.
For amici (SPD & WACDL): Mary E. Waitrovich, SPD, Madison Appellate, & Howard B. Eisenberg
Issue: Whether the exclusionary rule applies where the police rely on judge-made law that automatically countenanced all no-knock entries to search for drugs and that law was subsequently overturned.