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WI: Recovery of gun in recent shooting showed nexus for search warrant of house for ammunition

By John Wesley Hall, Jr.

When a gun was recovered from defendant in a shooting investigation, it was a reasonable conclusion that ammunition for the gun would be found in the defendant's house, so that showed nexus for a search warrant for the house. The shooting was recent. Defendant was arguing against what would become a bright line rule. State v. Casarez, 2008 Wisc. App. LEXIS 804 (October 15, 2008): P18 There are several factors that distinguish this case from Sloan. First, Casarez's connection to the residence to be searched did not come from a return address on a package as in Sloan; rather, it came from Casarez himself (and his wife). Second, unlike Sloan, who reported he was leaving the state for Florida the next day, making it "unlikely that contraband would be found at the residence," id...continue to full post

Full post as published by Fourth Amendment on October 17, 2008 (boomark / email).