On Point: 2. Probable cause

State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02
For Jones: Mark D. Richards

Issue/Holding: Although the age of the information in the warrant application – six months – gives pause, it isn’t sufficiently stale to defeat probable cause for drug trafficking.

¶22                        Jones argues that the key information in the warrant affidavit—the informant’s allegations—was over six months old.  

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 been inside the residence”; (2) Mary was shot and stabbed,

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”

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,