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6. Scope of warrant

State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: A search warrant that conditions its execution on verification of the target’s address violates the 4th amendment’s particularity requirement: ¶25      … The Fourth Amendment clearly sets forth the particularity requirement that must be satisfied prior to issuance of a warrant. … The… Read more

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State v. Adrian J. Jackson, 2008 WI App 109 For Jackson: Craig S. Powell; Brian Kinstler Issue/Holding: A warrant describing the building to be searched only as “a two-story duplex residence” did not satisfy the particularity requirement: ¶9    If the location to be searched is not described with sufficient particularity to inform officers which unit in… Read more

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Warrants – Scope – Business Records

State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116 For LaCount: T. Christopher Kelly Issue: Whether execution of a search warrant for business records exceeded the warrant’s scope in that the warrant: authorized only the search for and seizure of records that related to a specific business with specifically named clients; and also authorized… Read more

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State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03 For Schaefer: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The search warrant satisfied the particularity requirement by authorizing seizure of the following: “[p]hotographs, movies, slides, videotape, negatives, and/or undeveloped film which would tend to identify … any other juvenile”; and “[m]agazines, books, movies, and photographs… Read more

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Warrants – Scope of Authorized Search

State v. Kenneth M. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406 For Herrmann: Peter J. Morin Issue: Whether officers executing a search warrant for Landis’s apartment exceeded the scope of the warrant when they entered and searched Herrmann’s separate residential unit on the same floor. Holding: The officers neither knew nor… Read more

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State v. Keith Schroeder, 2000 WI App 128, 237 Wis.2d 575, 613 N.W.2d 911 For Schroeder: Kevin D. Musolf Issue/Holding: Inspection of child pornography on a computer, found during a warrant-authorized search of a computer for unrelated material, was in plain view so as to be subject to seizure without a separate warrant: 13            In order… Read more

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Warrants – Scope of Authorized Search

State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238 For Oswald: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether a search of documents exceeded the scope of a warrant authorizing a search for currency, among other things. Holding: Because the warrant authorized a search for currency, the officers were… Read more

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Warrants – Scope – Physical Proximity Test

State v. Delano J. O’Brien, 223 Wis.2d 303, 588 N.W.2d 8 (1999), reconsideration denied, 225 Wis.2d 247, 591 N.W.2d 846 (1999), affirming State v. O’Brien, 214 Wis.2d 327, 572 N.W.2d 870 (Ct. App. 1997) For O’Brien: Martin E. Kohler, John C. Thomure, Jr. Holding: A search warrant was obtained for O’Brien’s residence (a farmstead including a duplex), and during the… Read more

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