Legal Question in Criminal Law in Wisconsin

affidavit for search warrant

What is needed to establish probale cause, where an informant saids he observed me with a firearm


Asked on 4/13/09, 11:17 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Probable Cause for Search Warrant Due to Firearms Violations

Probable Cause for Search Warrant Due to Firearms Violations

It is not illegal to possess firearms in most parts of the United States unless you are a convicted felon, have had a domestic abuse restraining order issued against you, or have been committed for psychiatric treatment in the past. Therefore, unless one of these things are in your past, mere possession of a firearm for lawful purposes such as hunting should not constitute probable cause for a search warrant. WI even protects the right to possess firearms under its constitution, which has lead to the striking down of our prohibitions against carrying concealed weapons in certain situations legitimately requiring lawful self protection (for example, for store owners in a bad neighborhood while inside his shop). You therefore owe it to yourself to retain an experienced criminal lawyer as soon as possible to defend you. If the affidavit supporting the search warrant is found to be innadequate, the judge should supress all evidence obtained via the search warrant. My general comments in this online forum are not intended as legal advice for you, nor do I know enough about your case to provide any intelligent advice. Rather, you need to retain your own lawyer or, if you cannot afford a private lawyer, request that that the court appoint one for you.

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Answered on 4/14/09, 8:45 am


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