On Point blog, page 12 of 12
Warrants – Probable Cause – Drug Dealing Nexus to Dealer’s Residence
State v. Lance R. Ward, 2000 WI 3, 231 Wis.2d 723, 604 N.W.2d 517, reversing 222 Wis. 2d 311, 588 N.W.2d 645
For Ward: Daniel P. Dunn
Issue: Whether the search warrant established probable cause despite the absence of an explicit connection between the owner’s alleged drug dealing and his residence.
Holding: The supporting affidavit’s assertion that the defendant was a drug supplier “who lives on Rocye”
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,