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d. Staleness

State v. Guy S. Hillary, 2017 WI App 67; case activity (including briefs) In this case, a deputy applied for a warrant, saying he had received anonymous information on June 13, 2014 that a subject went to Guy S Hillary’s residence to fix a vehicle and Hillary proceeded to show the complainant a very large… Read More

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State v. Paul L. Linde, 2014AP2445-CR, 8/2/16, District 3 (not recommended for publication); case activity (including briefs) A court commissioner issued a warrant to search Linde’s cabin for evidence of drug manufacturing and for drug paraphernalia. It was based in part on a tip by an anonymous informant, a fact that proved decisive in the… Read More

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State v. Diane M. Millard, 2012AP2646-CR, District 2, 7/17/13; court of appeals decision (1-judge; ineligible for publication); case activity A search warrant was supported by probable cause because the two events cited in the warrant request–a controlled heroin buy in January 2011 and a garbage search in July 2011 revealing “a small, circle shaped screen… Read More

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State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: Search warrant based on drug transaction occurring 30 days earlier lacked probable cause, ¶32 n. 7: … From our review of the record, it would appear that probable cause as to the search of his residence was stale. The most recent information directly… Read More

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State v. Dennis M. Gralinski, 2007 WI App 233 For Gralinski: Martin Kohler; Craig Powell, PFR filed 10/5/07 Issue/Holding: ¶26      Gralinski next contends that the warrant was invalid because it was based on stale information such that no inference could be drawn that the items sought in the warrant would be located in his home two… Read More

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Search Warrants – Staleness

State v. Sheldon C. Stank, 2005 WI App 236 For Stank: Dennis P. Coffey Issue: Whether a time lag of two months between the informant’s observations and the application for the search warrant rendered the warrant stale. Holding: Passage of time dose not alone render probable cause stale; the warrant-issuing court may consider various factors, ¶33 (citing State… Read More

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State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89 For Multaler: Jeffrey W. Jensen Issue/Holding: Multaler seeks suppression of pornographic images found by the police while executing a search warrant for evidence of serial homicides committed more than 20 years earlier – in other words, that the information was too… Read More

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Warrants – Staleness – Drug Trafficking

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… Read More

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