Search and Seizure — search warrants — Franks motions

Listen to this article

Wisconsin Court of Appeals

Criminal

Search and Seizure — search warrants — Franks motions

Nick E. Sammon was convicted of possessing materials for manufacturing methamphetamine contrary to Wis. Stat. § 961.65 (2009-10) after police executed a no-knock search warrant of his home. Sammon asserts two grounds to argue that the trial court wrongfully denied his motion to suppress the evidence obtained through the search warrant. We reject his first claim, that law enforcement “intentionally[] or with reckless disregard for the truth,” included what were purported to be two felony convictions in the affidavit supporting the warrant, when they were actually charges that had been dismissed.

See Franks v. Delaware, 438 U.S. 154, 155 (1978). As will be seen, law enforcement checked and double-checked its information as to one of the offenses and had no reason to believe that the information on the other offense was ambiguous. We also hold that a report of several guns on the premises of this meth user and manufacturer was a recipe for danger and, therefore, there was evidence supporting the issuance of a no-knock warrant. We affirm. Not recommended for publication in the official reports.

2011AP682-CR State v. Sammon

Dist II, Manitowoc County, Deets, J., Brown, C.J.

Attorneys: For Appellant: Lanning, Chad A., West Bend; For Respondent: Wren, Christopher G., Madison; Rohrer, Mark R., Manitowoc