State v. King
Court of Appeals of Wisconsin · 2008-07-22 · cited 1×
In State v. King, the defendant was convicted by a jury of possession with intent to deliver cocaine and second-offense possession of THC after police executed a search warrant at his residence and seized drugs and related items. King appealed, arguing that the trial court should have suppressed the evidence because the warrant was an invalid anticipatory search warrant lacking probable cause. The Wisconsin Court of Appeals agreed, holding that the supporting affidavit contained only stale information from calls a month before the warrant's issuance, failed to verify King's specific address as required, and provided no basis to conclude that evidence of criminal activity would be found at the time of the search. The court therefore reversed the conviction and remanded for further proceedings, without reaching King's separate claim about jury instructions.