WI: When statute or ordinance on which search was based is challenged, AG or city must be present

When challenging the constitutionality of an ordinance or statute as making a search and seizure unreasonable, defendant must join the city or notify the AG to participate. Without it, that’s waiver. “Because Raddemann has not shown compliance with Wis. Stat. § 806.04(11), we decline to consider the merits of his constitutional challenge to the ordinance.” State v. Raddemann, 2022 Wisc. App. LEXIS 1162 (Dec. 21, 2022). [But then Krull would make good faith exception apply.]

“Here, however, Defendants fail to point to any misstatements or omissions in Detective Miller’s affidavit that, if stricken or supplemented, would undermine the reasonableness of the ultimate probable cause determination.” Here it was IP addresses, and the magistrate reasonably concluded there was probable cause. United States v. Fisher, 2022 U.S. App. LEXIS 35271 (9th Cir. Dec. 21, 2022).*

“The defendant’s contention that cocaine seized pursuant to a search warrant should have been suppressed because the search warrant was based on uncorroborated, unreliable hearsay is unpreserved for appellate review …. In any event, the Supreme Court properly concluded that the search warrant was supported by probable cause.” People v. Wyche, 2022 NY Slip Op 07250, 2022 N.Y. App. Div. LEXIS 7073 (2d Dept. Dec. 20, 2022).*

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