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Warrants – Good-faith Exception – Reliance on Judge-made Law

State v. Lance R. Ward, 2000 WI 3, 231 Wis.2d 723, 604 N.W.2d 517, reversing State v. Ward, 222 Wis. 2d 311, 588 N.W.2d 645.For Ward: Daniel P. Dunn

Issue: Whether the exclusionary rule applies where the police relied on judge-made law that automatically countenanced all no-knock entries to search for drugs and that law was subsequently overturned.

Holding: Police action in good faith reliance on supreme court pronouncements insulate that conduct from the exclusionary rule.

At the time of the entry of Ward’s home, the court had upheld a blanket exception to the knock-and-announce rule. Because “the officers’ actions were in conformance with the law in Wisconsin, as articulated by this court, allowing for no-knock entries,” excluding the evidence wouldn’t advance exclusionary rule purposes. ¶49.

 

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