A search warrant designating an entire farmhouse occupied by the accused and “other persons unknown” was not invalid despite the multiple occupancy. State v. Suits, 73 Wis. 2d 352, 243 N.W.2d 206 (1976). A warrant authorizing the search of the “entire first-floor premises” encompassed a balcony room that was part and parcel of the first floor. Rainey v. State, 74 Wis. 2d 189, 246 N.W.2d 529 (1976). A search warrant obtained on an affidavit containing misrepresentations by a police officer as to the reliability of an unnamed informant is invalid. When the search is conducted within a reasonable time following an arrest based on probable cause, the search will be sustained even though it was conducted in execution of an invalid warrant. Schmidt v. State, 77 Wis. 2d 370, 253 N.W.2d 204 (1977). Affidavits for search warrants need not be drafted with technical specificity nor demonstrate the quantum of probable cause required in a preliminary examination. The usual inferences that reasonable persons draw from evidence are permissible, and doubtful or marginal cases should be resolved by the preference to be accorded to warrants. State v. Starke, 81 Wis. 2d 399, 260 N.W.2d 739 (1978). Probable cause for arrest, standing alone, does not justify taking a blood sample for a blood test without first obtaining a search warrant. To be admissible, the blood test must have been required by the exigencies of the situation, and the sample must have been drawn in a reasonable manner. State v. Bentley, 92 Wis. 2d 860, 286 N.W.2d 153 (Ct. App. 1979). See also State v. Kennedy, 2014 WI 132, 359 Wis. 2d 454, 856 N.W.2d 834, 12-0523. A “no knock” warrant to search a drug dealer’s house was invalid because of a lack of specific information to indicate the evidence would be destroyed otherwise. State v. Cleveland, 118 Wis. 2d 615, 348 N.W.2d 512 (1984). At a Franks, 438 U.S. 154 (1978), hearing challenging the veracity of a statement supporting a search warrant, the defendant must prove that a falsehood was intentional or with reckless disregard for truth and that the false statement was necessary to finding probable cause. State v. Anderson, 138 Wis. 2d 451, 406 N.W.2d 398 (1987). Under the independent source doctrine, the court examines whether an agent would have sought a warrant had it not been for an illegal entry and if information obtained during the entry affected the decision to issue the warrant. State v. Lange, 158 Wis. 2d 609, 463 N.W.2d 390 (Ct. App. 1990). A status check of a driver’s license arising out of police exercise of the community care-taker function is not a stop and does not require reasonable suspicion of a crime. State v. Ellenbecker, 159 Wis. 2d 91, 464 N.W.2d 427 (Ct. App. 1990). Seizure of a package delivered to a third party for limited investigative detention requires reasonable suspicion, not probable cause. State v. Gordon, 159 Wis. 2d 335, 464 N.W.2d 91 (Ct. App. 1990). An evidentiary search of a person not named in a search warrant but present during the search of a residence reasonably suspected of being a drug house was reasonable. State v. Jeter, 160 Wis. 2d 333, 466 N.W.2d 211 (Ct. App. 1991). A probable cause determination in the face of a staleness challenge depends upon the nature of the underlying circumstances, whether the activity is of a protracted or continuous nature, the nature of the criminal activity under investigation, and the nature of what is being sought. State v. Ehnert, 160 Wis. 2d 464, 466 N.W.2d 237 (Ct. App. 1991). A warrant for the seizure of film authorized the seizure, removal, and development of the undeveloped film. State v. Petrone, 161 Wis. 2d 530, 468 N.W.2d 676 (1991). Knowledge that a dealer operating an ongoing drug business was armed in the dealer’s residence satisfied the requirements for a “no knock” search warrant. A reasonable belief that the weapon will be used need not be shown. State v. Watkinson, 161 Wis. 2d 750, 468 N.W.2d 763 (Ct. App. 1991). See also State v. Williams, 168 Wis. 2d 970, 485 N.W.2d 42 (1992). A warrantless search of an apartment for evidence of occupancy when the police reasonably believed that the tenant had vacated and the occupants were not legitimately on the premises was not unreasonable. The defendant had no reasonable expectation of privacy in the apartment or in property kept there. State v. Whitrock, 161 Wis. 2d 960, 468 N.W.2d 696 (1991). An informant need not have a “track record” established with the police if the totality of the circumstances indicate probable cause for a search exists. State v. Hanson, 163 Wis. 2d 420, 471 N.W.2d 301 (Ct. App. 1991). If old information contributes to an inference that probable cause exists at the time of the application for a warrant, its age is no taint. State v. Moley, 171 Wis. 2d 207, 490 N.W.2d 764 (Ct. App. 1992). Police serving a warrant are not required to ring a doorbell before forcing entry. State v. Greene, 172 Wis. 2d 43, 492 N.W.2d 181 (Ct. App. 1992). Use of a ruse to gain entry in the execution of a warrant when “no-knock” was not authorized did not violate the announcement rule. Special authorization is not required for the use of a ruse. State v. Moss, 172 Wis. 2d 110, 492 N.W.2d 627 (1992). Failure to comply with the announcement rule was allowable when officers reasonably believed further announcement was futile. State v. Berry, 174 Wis. 2d 28, 496 N.W.2d 746 (Ct. App. 1993). Compliance with the announcement rule must be determined at the time of execution. While advance request for “no-knock” authority is preferable if police at the time of execution have grounds, failure to seek authorization is not fatal. State v. Kerr, 174 Wis. 2d 55, 496 N.W.2d 742 (Ct. App. 1993). The incorrect identification of a building’s address in the warrant did not render the resulting search unreasonable when the search made was of the building identified by the informant, which was otherwise correctly identified in the warrant. State v. Nicholson, 174 Wis. 2d 542, 497 N.W.2d 791 (Ct. App. 1993). A federal magistrate’s decision at a 4th amendment suppression hearing was not binding on a state trial court when the state was not a party nor in privity with a party to the federal action and the federal case did not review errors in the proceeding. State v. Mechtel, 176 Wis. 2d 87, 499 N.W.2d 662 (1993). An investigatory stop of an automobile based solely on the fact that the vehicle bore “license applied for” plates, and the reasonable inferences that could be drawn therefrom, was justified by reasonable suspicion. State v. Griffin, 183 Wis. 2d 327, 515 N.W.2d 535 (Ct. App. 1994). For a violation of the requirement that a warrant be issued by a neutral and detached magistrate, actual bias and not the appearance of bias must be shown. State v. McBride, 187 Wis. 2d 409, 523 N.W.2d 106 (Ct. App. 1994). An “anticipatory warrant,” issued before the necessary events have occurred that will allow a constitutional search, is subject to the same probable cause determination as a conventional search warrant. State v. Falbo, 190 Wis. 2d 328, 526 N.W.2d 814 (Ct. App. 1994). That a person was a passenger in a vehicle in which cocaine was found in the trunk was not of itself sufficient to establish probable cause to arrest the person for being a part of a conspiracy to possess or sell the cocaine. State v. Riddle, 192 Wis. 2d 470, 531 N.W.2d 408 (Ct. App. 1995). A search warrant authorizing the search of certain premises and “all occupants” was not unconstitutional when there was probable cause to believe that persons on the premises were engaged in illegal activities. State v. Hayes, 196 Wis. 2d 753, 540 N.W.2d 1 (Ct. App. 1995), 94-3040. A request to perform field sobriety tests does not convert an otherwise lawful investigatory stop into an arrest requiring probable cause. County of Dane v. Campshure, 204 Wis. 2d 27, 552 N.W.2d 876 (Ct. App. 1996), 96-0474. Probable cause is not required to justify a search conducted on school grounds by a police officer at the request of and in conjunction with school authorities. A lesser “reasonable grounds” standard applies. State v. Angelia D.B., 211 Wis. 2d 140, 564 N.W.2d 682 (1997), 95-3104. A suspect’s seeming reluctance to have the front of the suspect’s boxer shorts patted at or below the waist did not give rise to probable cause to search inside the shorts when no specific suspicion of a crime was focused on the suspect and no weapon or contraband had been plainly felt in a Terry, 392 U.S. 1 (1968), pat down search. State v. Ford, 211 Wis. 2d 741, 565 N.W.2d 286 (Ct. App. 1997), 96-2826. It is not necessary that a warrant explicitly state that delivery of the sought after contraband must take place before the search is initiated when the requirement is sufficiently implied. It is not necessary to describe in the affidavit in support of the warrant the exact role the police will play in delivering the contraband. State v. Ruiz, 213 Wis. 2d 200, 570 N.W.2d 556 (Ct. App. 1997), 96-1610. A no-knock search cannot be founded on generalized knowledge. Fruits of an invalid no-knock search must be suppressed. State v. Stevens, 213 Wis. 2d 324, 570 N.W.2d 593 (Ct. App. 1997), 97-0758. The showing required to sustain an unannounced entry parallels the reasonable suspicion standard for justifying investigative stops. The police must have reasonable suspicions based on specific articulable facts that announcing their presence will endanger safety or present an opportunity to destroy evidence. State v. Larson, 215 Wis. 2d 155, 572 N.W.2d 127 (Ct. App. 1997), 95-1940. There is no constitutional requirement that an anticipatory search warrant contain explicit conditional language limiting the execution of the warrant until after delivery of the contraband. State v. Meyer, 216 Wis. 2d 729, 576 N.W.2d 260 (1998), 96-2243. To dispense with the rule of announcement in executing a warrant, particular facts must be shown in each case that support an officer’s reasonable suspicion that exigent circumstances exist. An officer’s experience and training are valid relevant considerations. State v. Meyer, 216 Wis. 2d 729, 576 N.W.2d 260 (1998), 96-2243. Police are not prevented from ever using evidence gleaned from an illegal search in a subsequent and independent investigation. When the later investigation is not prompted by the information obtained in the earlier search, the information may be used. State v. Simmons, 220 Wis. 2d 775, 585 N.W.2d 165 (Ct. App. 1998), 97-1861. The odor of a controlled substance provides probable cause to arrest when the odor is unmistakable and may be linked to a specific person under the circumstances of the discovery of the odor. The odor of marijuana emanating from a vehicle established probable cause to arrest the sole occupant of the vehicle. State v. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387 (1999), 97-2476. See also State v. Moore, 2023 WI 50, 408 Wis. 2d 16, 991 N.W.2d 412, 21-0938. Police have authority under a valid search warrant to enter unoccupied premises if the search is otherwise reasonable under the circumstances. Knocking and announcing is not required. State v. Moslavac, 230 Wis. 2d 338, 602 N.W.2d 150 (Ct. App. 1999), 98-3037. “Probable cause to believe” does not refer to a uniform degree of proof, but instead varies in degree at different stages of the proceedings. County of Jefferson v. Renz, 231 Wis. 2d 293, 603 N.W.2d 541 (1999), 97-3512. The test for finding probable cause to issue a warrant is not whether the inference drawn from the supporting affidavit is the only reasonable inference. The test is whether the inference drawn is a reasonable one. State v. Ward, 2000 WI 3, 231 Wis. 2d 723, 604 N.W.2d 517, 97-2008. Marijuana plants discovered while officers, although mistaken, believed they were executing a valid search warrant of an adjacent apartment were properly admitted into evidence. Because the officers were required to cease all searching when they discovered that they were not operating within the scope of the warrant, incriminating statements and evidence obtained thereafter were properly suppressed. A warrant obtained for the second apartment based on the discovery of the marijuana plants was based on untainted evidence, and additional evidence obtained thereunder was admissible. State v. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406, 99-0325. Police with an arrest warrant are authorized to enter a home if they have probable cause to believe that the person named in the warrant lives there and is present but not to enter a third-party’s residence where the police believe the person to be a visitor. State v. Blanco, 2000 WI App 119, 237 Wis. 2d 395, 614 N.W.2d 512, 98-3153. In searching a computer for items listed in a warrant, the police are entitled to examine all files to determine if their contents fall within the scope of the warrant. The first file containing evidence of other illegal activity is admissible under the plain view doctrine and is grounds for a warrant to search for more evidence of the second illegal activity. State v. Schroeder, 2000 WI App 128, 237 Wis. 2d 575, 613 N.W.2d 911, 99-1292. The constitutional validity of an unannounced entry in serving a warrant turns on whether the evidence introduced at the suppression hearing, including the facts known to the police but not included in the warrant application, was sufficient to establish a reasonable suspicion that knocking and announcing, under the circumstances, would be dangerous or futile or would inhibit the effective investigation of the crime. State v. Henderson, 2001 WI 97, 245 Wis. 2d 345, 629 N.W.2d 613, 99-2296. A good faith exception to the exclusionary rule is adopted for when police officers act in objectively reasonable reliance upon a warrant that had been issued by a detached and neutral magistrate. For the exception to apply, the state must show that the process used in obtaining the search warrant included a significant investigation and a review by either a police officer trained and knowledgeable in the requirements of probable cause and reasonable suspicion or a knowledgeable government attorney. State v. Eason, 2001 WI 98, 245 Wis. 2d 206, 629 N.W.2d 625, 98-2595. Whether tenants have a reasonable expectation of privacy in stairways and halls of rental property is to be determined by assessing each case on its individual facts and depends on whether the person has exhibited an actual subjective expectation of privacy in the area inspected and whether society is willing to recognize the expectation as reasonable. State v. Trecroci, 2001 WI App 126, 246 Wis. 2d 261, 630 N.W.2d 555, 00-1079. The timeliness of seeking a warrant depends upon the nature of the underlying circumstances and concepts. When the activity is of a protracted and continuous nature, the passage of time diminishes in significance. Factors like the nature of the criminal activity under investigation and the nature of what is being sought have a bearing on where the line between stale and fresh information should be drawn in a particular case. State v. Multaler, 2001 WI App 149, 246 Wis. 2d 752, 632 N.W.2d 89, 00-1846. Warrants for administrative or regulatory searches modify the conventional understanding of probable cause for warrants as the essence of the search is that there is no probable cause to believe a search will yield evidence of a violation. Refusal of consent is not a constitutional requirement for issuing the warrant, although it may be a statutory violation. Suppression only applies to constitutional violations. State v. Jackowski, 2001 WI App 187, 247 Wis. 2d 430, 633 N.W.2d 649, 00-2851. There is a presumption that a warrantless search of a private residence is per se unreasonable. A warrantless search requires probable cause, not reasonable suspicion. Although flight from an officer may constitute reasonable suspicion, it does not rise to probable cause. For probable cause, there must be a fair probability that contraband or evidence will be found in a particular place. State v. Rodriguez, 2001 WI App 206, 247 Wis. 2d 734, 634 N.W.2d 844, 00-2546. The absence of an oath or affirmation supporting the issuance of a warrant is not a mere technicality or matter of formality. Absence of an oath subjects evidence seized under the defective warrant to suppression. State v. Tye, 2001 WI 124, 248 Wis. 2d 530, 636 N.W.2d 473, 99-3331. If a telephone warrant application has not been recorded and there is no evidence of intentional or reckless misconduct on the part of law enforcement officers, a reconstructed application may serve as an equivalent of the record of the original application and can protect the defendant’s right to a meaningful appeal and ability to challenge the admission of evidence. Courts should consider the time between the application and the reconstruction, the length of the reconstructed segment in relation to the entire warrant request, if there were any contemporaneous written documents used to reconstruct the record, the availability of witnesses used to reconstruct the record, and the complexity of the segment reconstructed. The issuing judge’s participation may be appropriate. State v. Raflik, 2001 WI 129, 248 Wis. 2d 593, 636 N.W.2d 690, 00-1086. Probable cause to arrest may be based on hearsay that is shown to be reliable and emanating from a credible source. Thus information from a confidential informant may supply probable cause if the police know the informant to be reliable. State v. McAttee, 2001 WI App 262, 248 Wis. 2d 865, 637 N.W.2d 774, 00-2803. An affidavit in support of a search warrant is not a research paper or legal brief that demands citations for every proposition. An investigator’s detailed listing of the investigator’s sources of information and accompanying credentials, combined with the investigator’s indication that his opinion was based upon his training and research provided a sufficient foundation for the opinion the investigator gave in support of the warrant. State v. Multaler, 2002 WI 35, 252 Wis. 2d 54, 643 N.W.2d 437, 00-1846. Under Ellenbecker, 159 Wis. 2d 91 (1990), it was reasonable for an officer, who stopped a motorist whose vehicle and general appearance matched that of a criminal suspect, to make a report of the incident, even if the officer had already decided that the driver was not the suspect, and for that purpose it was reasonable to ask for the motorist’s name and identification. Once the motorist stated that the motorist had no identification, there was a reasonable ground for further detention. State v. Williams, 2002 WI App 306, 258 Wis. 2d 395, 655 N.W.2d 462, 02-0384. When the reasonableness of a no-knock entry is challenged, the state must present evidence of the circumstances at the time of warrant execution that would justify a no-knock entry. If the circumstances are described in the warrant application, the evidence might be testimony by an officer that nothing had come to the officer’s attention to lead them to believe that circumstances had changed. If the warrant application is silent or lacking in regard to circumstances that might render an announced entry dangerous or futile, the state may still justify a no-knock entry by showing that the officers possessed the requisite reasonable suspicion at the time of entry. State v. Whiting, 2003 WI App 101, 264 Wis. 2d 722, 663 N.W.2d 299, 02-1721. Otherwise innocent conduct can supply the required link in the chain to establish probable cause that a crime has or is about to be committed. Although an individual fact in a series may be innocent in itself, when considered as a whole, the facts may warrant further investigation. State v. Schaefer, 2003 WI App 164, 266 Wis. 2d 719, 668 N.W.2d 760, 01-2691. The existence of probable cause in the context of information provided by an anonymous tipster is determined by a totality-of-the-circumstances analysis. As applied to assessing the reliability of an anonymous tip, a deficiency in one factor may be compensated for by some other indicia of reliability when considered in the context of the totality of the circumstances. A recognized indicia of the reliability of an anonymous tip is police corroboration of details, particularly details involving predicted behavior. Probable cause may exist even if the predicted behavior corroborated by the police is, when viewed in isolation, innocent behavior. Police themselves need not observe suspicious behavior. State v. Sherry, 2004 WI App 207, 277 Wis. 2d 194, 690 N.W.2d 435, 03-1531. That an officer arrested the defendant for a crime that does not exist did not make the arrest illegal. The pertinent question is whether the arrest was supported by probable cause to believe the defendant committed a crime that does exist. State v. Repenshek, 2004 WI App 229, 277 Wis. 2d 780, 691 N.W.2d 369, 03-3089. Under Leon, 468 U.S. 897 (1984), an officer cannot be expected to question a magistrate’s probable-cause determination or judgment that the form of the warrant is technically sufficient except when: 1) the magistrate in issuing the warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for a reckless disregard of the truth; 2) the issuing magistrate wholly abandoned the magistrate’s judicial role; 3) an affidavit is so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or 4) the warrant is so facially deficient that the executing officers cannot reasonably presume it to be valid. State v. Marquardt, 2005 WI 157, 286 Wis. 2d 204, 705 N.W.2d 878, 04-0958. The inquiry into whether a warrant affidavit is so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable under Leon, 468 U.S. 897 (1984), must be different from the inquiry into whether the facts in the warrant application are clearly insufficient to support a determination of probable cause. That the warrant application was insufficient to support the warrant-issuing judge’s probable cause determination does not mean that the affidavit in support of the warrant was lacking in indicia of probable cause within the meaning of Leon. State v. Marquardt, 2005 WI 157, 286 Wis. 2d 204, 705 N.W.2d 878, 04-0958. Eason, 2001 WI 98, added two requirements that must be met before the Leon, 468 U.S. 897 (1984), good faith exception may apply. Under Eason, a “significant investigation” does not require a showing that the investigation yielded the probable cause that would have been necessary to support the search at issue. At the same time, a significant investigation for purposes of Eason refers to more than the number of officers or hours devoted to an investigation. State v. Marquardt, 2005 WI 157, 286 Wis. 2d 204, 705 N.W.2d 878, 04-0958. The good faith exception under Leon, 468 U.S. 897 (1984), is a doctrine that applies to police officers who execute a search warrant in the mistaken belief that it is valid. Good faith is not a doctrine that absolves the neutral and detached judge or magistrate from a careful, critical, and independent analysis of the facts presented when exercising the responsibility of determining whether probable cause for a search warrant exists. State v. Sloan, 2007 WI App 146, 303 Wis. 2d 438, 736 N.W.2d 189, 06-1271. The use of a credit card issued to the defendant to purchase a membership to websites containing child pornography, together with customer records confirming the defendant’s home address, email address, and credit card information, resulted in the inference that there was a fair probability that the defendant had received or downloaded images. Details provided on the use of computers by individuals involved in child pornography found in the affidavit supporting the search of the defendant’s home strengthened this inference. State v. Gralinski, 2007 WI App 233, 306 Wis. 2d 101, 743 N.W.2d 448, 06-0929. An officer’s knowledge that a vehicle’s owner’s license is revoked will support reasonable suspicion for a traffic stop so long as the officer remains unaware of any facts that would suggest that the owner is not driving. State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, 06-2388. If a search is conducted in “flagrant disregard” of the limitations in the warrant, all items seized, even items within the scope of the warrant are suppressed. When the search consisted of moving items in plain view in order to document them, the circuit court correctly concluded that the police conduct, while troubling, did not require suppression of all evidence seized during the search. State v. Pender, 2008 WI App 47, 308 Wis. 2d 428, 748 N.W.2d 471, 07-1019. If the location to be searched is not described with sufficient particularity to inform officers which unit in a multi-unit building they are to search, the particularity required by the 4th amendment has not been satisfied. To justify a search of the whole building, there must be probable cause in the supporting affidavit to search each unit in the building, or there must be probable cause to search the entire building. State v. Jackson, 2008 WI App 109, 313 Wis. 2d 162, 756 N.W.2d 623, 07-1362. A warrant contingent upon law enforcement officers identifying the precise unit of three townhouse units in which the defendant resided lacked the specificity that the 4th amendment was designed to protect against. State v. King, 2008 WI App 129, 313 Wis. 2d 673, 758 N.W.2d 131, 07-1420. An anticipatory search warrant is not appropriate when its execution is conditioned on verification of an address as opposed to being conditioned on certain evidence of a crime being located at a specified place at some point in the future. State v. King, 2008 WI App 129, 313 Wis. 2d 673, 758 N.W.2d 131, 07-1420. Mistakes on the face of a warrant were a technical irregularity under s. 968.22 and the warrant met the 4th amendment standard of reasonableness when, although the warrant identified the car to be searched incorrectly two times, the executing officer attached and incorporated a correct affidavit that correctly identified the car three times, describing the correct color, make, model, and style of the car along with the correct license plate, and the information was based on the executing officer’s personal knowledge from prior encounters. State v. Rogers, 2008 WI App 176, 315 Wis. 2d 60, 762 N.W.2d 795, 07-1850. A reviewing court must conclude that the totality of the circumstances demonstrates that the warrant-issuing commissioner had a substantial basis for concluding that there was a fair probability that a search of the specified premises would uncover evidence of wrongdoing. When a confidential informant told a law enforcement officer what someone else had told him, the veracity of each person in the chain was relevant. State v. Romero, 2009 WI 32, 317 Wis. 2d 12, 765 N.W.2d 756, 07-1139. The Eason, 2001 WI 98, good faith exception to the exclusionary rule when a police officer relies in good faith upon a search warrant’s validity was applicable when an officer’s good faith belief that an open felony warrant existed was based on a computer search that revealed a commitment order the officer believed to be an arrest warrant. State v. Robinson, 2009 WI App 97, 320 Wis. 2d 689, 770 N.W.2d 721, 08-0266. When an application for a warrant contains both tainted and untainted evidence, the warrant is valid if the untainted evidence is sufficient to support a finding of probable cause to issue the warrant. There is a two-pronged approach to determine if untainted evidence provides an independent source: 1) the court determines whether, absent the illegal entry, the officer would have sought the search warrant; and 2) it asks if information illegally acquired influenced the magistrate’s decision to authorize the warrant. Absent an explicit finding by the trial court, a clear inference from the facts can compel the conclusion that law enforcement agents would have sought a warrant had they not obtained tainted evidence. State v. Carroll, 2010 WI 8, 322 Wis. 2d 299, 778 N.W.2d 1, 07-1378. The good-faith exception to the exclusionary rule does not apply to a situation in which: 1) no facts existed that would justify an arrest without a warrant; 2) the civil arrest warrant issued by a circuit judge was void ab initio because it did not comply with any statute authorizing the court to issue a warrant and it was not supported by an oath or affirmation; and 3) the court issued the warrant without the benefit of verification of the facts or scrutiny of the procedure to ensure that the judge acted as a detached and neutral magistrate. Suppressing evidence obtained as a result of the unauthorized, defective warrant is necessary to preserve the integrity of the judicial process. State v. Hess, 2010 WI 82, 327 Wis. 2d 524, 785 N.W.2d 568, 08-2231. But see State v. Kerr, 2018 WI 87, 383 Wis. 2d 306, 913 N.W.2d 787, 16-2455. An order authorizing law enforcement to install and monitor a global positioning system (GPS) tracking device on the defendant’s vehicle constituted a valid warrant and the officers’ execution of the warrant was reasonable when the GPS tracking device was attached to the vehicle while the car was parked in the defendant’s driveway and the car was subsequently electronically monitored for a period of 35 days without the defendant’s knowledge. State v. Sveum, 2010 WI 92, 328 Wis. 2d 369, 787 N.W.2d 317, 08-0658. See also State v. Pinder, 2018 WI 106, 384 Wis. 2d 416, 919 N.W.2d 568, 17-0208. Generally, searches are subject to the “one warrant, one search” rule. However, a search conducted pursuant to a lawful warrant may last as long, and be as thorough, as reasonably necessary to fully execute the warrant. Courts have recognized an exception to the one warrant, one search rule when a subsequent entry and search are a reasonable continuation of the earlier one. The reasonable continuation rule has two requirements: 1) the subsequent entry must be a continuation of the earlier search; and 2) the decision to conduct a second entry to continue the search must be reasonable under the circumstances. State v. Avery, 2011 WI App 124, 337 Wis. 2d 351, 804 N.W.2d 216, 10-0411. The technology used in conducting a global positioning system (GPS) search did not exceed the scope of the warrant allowing GPS tracking of the defendant’s vehicle. The affidavit and warrant’s language contemplated installation of a GPS device that would track the vehicle’s movements. That the device provided officers with real-time updates of those movements did not alter the kind of information to be obtained under the warrant or the nature of the intrusion allowed. Police efficiency does not equate with unconstitutionality. State v. Brereton, 2013 WI 17, 345 Wis. 2d 563, 826 N.W.2d 369, 10-1366. The particularity requirement under the 4th amendment provides that a warrant must enable the searcher to reasonably ascertain and identify the things that are authorized to be seized. While a description of the object into which a tracking device is to be placed is a factor in satisfying the particularity requirement in Sveum, 2010 WI 92, there is no reason why another way of identifying a cell phone, such as by its electronic serial number, cannot serve the same function as physically placing a tracking device on the defendant’s property. State v. Tate, 2014 WI 89, 357 Wis. 2d 172, 849 N.W.2d 798, 12-0336. The 4th amendment parameters of search and seizure law are not necessarily inapplicable to all searches for and seizures of electronic information. Law enforcement officers have long had to separate the documents as to which seizure was authorized from other documents. That necessity has not turned an otherwise valid warrant into a “general” warrant. The court saw no constitutional imperative that would change the result simply because the object of the search is electronic data from a specific electronic file, for a reasonably specific period of time, in the custody of a specific internet service provider. State v. Rindfleisch, 2014 WI App 121, 359 Wis. 2d 147, 857 N.W.2d 456, 13-0362. Whether probable cause exists to issue a warrant is an objective, not a subjective, test. Thus, a police officer’s failure to tell the warrant-issuing court the officer’s subjective viewpoint was irrelevant and was not a “critical omission” from the affidavit supporting the search warrant so as to constitute a Franks, 438 U.S. 154 (1978), violation. State v. Kilgore, 2016 WI App 47, 370 Wis. 2d 198, 882 N.W.2d 493, 15-0997. A tip from an electronic service provider (ESP) is properly viewed as one from an identified citizen informant, not an anonymous informant, which therefore establishes the personal reliability requirement in case law. Additionally, the affidavit in this case showed sufficient indicia of observational reliability of the ESP. State v. Silverstein, 2017 WI App 64, 378 Wis. 2d 42, 902 N.W.2d 550, 16-1464.
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wisconsinconstitution
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