The Court of Appeals of Wisconsin, District IV has ruled that a man’s motion to suppress drug and other evidence found on his property should have been granted. In an unpublished opinion, a police officer sought a search warrant to examine a 38.8-acre rural property for evidence of marijuana cultivation. Based on the officer’s sworn statement, a circuit court issued the warrant. When law enforcement officials executed the instrument, they allegedly uncovered guns, marijuana, and evidence related to a grow operation. As a result, the owner of the property was accused of manufacturing marijuana, illegally possessing a firearm, drug trafficking, and other charges.
Following his arrest, the defendant filed a motion to suppress the evidence uncovered as a result of the search warrant. According to the defendant, the officer made several untrue statements in order to secure the warrant. Following a hearing, the trial court ruled that the defendant met his burden of proving the police officer demonstrated a reckless disregard for the truth in his application for the search warrant.