Franks/Mann Hearing

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Criminal

WI Court of Appeals – District IV

Officials: Blanchard, P.J., Lundsten, and Sherman, JJ.

Franks/Mann Hearing

2014AP2418-CR State of Wisconsin v. Timothy M. Bender

Timothy Bender appeals a judgment of conviction for manufacturing THC and unlawful possession of a firearm, a decision denying his motion to suppress evidence, and an order denying his postconviction motion for reconsideration of the decision denying his suppression motion. Bender’s motion to suppress alleged Franks/Mann1 and probable cause violations in connection with a warrant issued for a search of rural farm property that included Bender’s residence. The circuit court found Franks/Mann violations in the form of three false or materially incomplete statements in the sworn complaint submitted in support of the warrant.2 The court examined the sworn complaint as if it had been revised to excise the false statements and to include material omissions. Based on its consideration of what we will refer to as the “revised allegations,” the court concluded that the revised allegations provide sufficient evidence of probable cause. Bender argues that the circuit court erred in reaching this conclusion. We agree with Bender that the revised allegations did not establish probable cause. Accordingly, we reverse

Decision

Reverse. Per Curiam

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.