On Point blog, page 142 of 142
Warrants – Probable Cause – Search “All Persons” Provision
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 test is not whether innocent persons might be present on the premises,
Attenuation of Taint — Statements
State v. Wilfred E. Tobias, 196 Wis.2d 53, 538 N.W.2d 843 (Ct. App. 1995)
For Tobias: Barbara A. Cadwell
Issue/Holding1:
The primary concern in attenuation cases is whether the evidence objected to was obtained by exploitation of a prior police illegality or instead by means sufficiently attenuated so as to be purged of the taint. Anderson, 165 Wis.2d at 447-48, 477 N.W.2d at 281.