Follow Us

Facebooktwitterrss
≡ Menu

5. No-knock authorization

State v. Robert Brian Spencer, 2017AP1722-CR, 4/16/19, District 1 (not recommended for publication); case activity (including briefs) Spencer raised many issues on appeal: insufficient evidence to support his conviction, multiple ineffective assistance of counsel claims, and a Brady violation. This post focuses on the 2 most interesting claims: ineffective assistance for failure to move to… Read More

{ 0 comments }

State v. Marcus L. Pantoja, 2016AP1289, 7/05/17, District 1 (not recommended for publication); case activity (including briefs) Police raided the apartment where Pantoja was living with his girlfriend; he claims on appeal that there was neither probable cause for the warrant nor reasonable suspicion of danger justifying its no-knock authorization, which turned up drugs and… Read More

{ 0 comments }

State v. Nick E. Sammon, District 2, 2011AP682-CR, 7/25/12 court of appeals decision (not recommended for publication); case activity Search Warrant – Erroneous Information in Application A detective’s application for a search warrant of Sammons’ residence asserted that Sammons had been convicted in Texas for drug and burglary offenses (in fact, both had been dismissed… Read More

{ 0 comments }

State v. Thomas William Brady, 2007 WI App 33, PFR filed 2/13/07 For Brady: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: Where the target of a search was not at home when the police forcibly entered pursuant to a search warrant, their unannounced entry did not, although not authorized by the warrant, violate the fourth amendment. ¶13… Read More

{ 0 comments }

State v. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208, affirmed in pertinent part, but reversed on other grounds, 2001 WI 98, ¶¶21-26 For Eason (in SCt): Suzanne Hagopian, SPD, Madison Appellate Issue: Whether the no-knock warrant was supported by reasonable suspicion that announcing police presence would create danger. Holding: The showing… Read More

{ 0 comments }

State v. Dennis Moslavac, 230 Wis. 2d 338, 602 N.W.2d 150 (Ct. App. 1999) For Moslavac: Michael S. Holzman. Issue/Holding: The knock-and-announce rule does not apply when the target premises are unoccupied. Police have authority to forcibly execute a search warrant when the premises are unoccupied. It follows that the knock-and-announce rule doesn’t apply to… Read More

{ 0 comments }