Mr. Jones was arrested three weeks ago for firearms trafficking and diversion. The police launched an investigation into Mr. Jones based upon a tip that large numbers of automatic weapons were being sold out of Mr. Jones’ home. The investigation led police to believe that the sale a purchase of the weapons was gang-related and they obtained a search warrant on this basis. On the day of the arrest two uniformed officers approached the residence of Mr. Jones while other officers positioned themselves around the building. As the officers stepped onto the porch Mr. Jones’ brother opened the front door, upon seeing the officers, he began yelling and retreated into the home. At that time, the officers broke down both the front and back doors and
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Jones was investigated by police for criminal activity which gave reasonable cause for the issuance of a search warrant. While the actual items to be seized were different with Richards being drugs and Jones being firearms that does not change the remaining circumstances surrounding both cases. In both Richards and our client’s cases the police arrived with the intent to execute a warrant, in both cases someone opened the door to find uniformed police officers on the other side, and in both cases the police entered the dwelling after being discovered and without announcing themselves. In State v. Richards, 201 Wis. 2d 845, 549 N.W.2d 218 (1996), Justice Abrahamson of the Wisconsin Supreme Court, noted that Richards actions in slamming the door when he saw the uniformed officer indicated that he already knew that the people knocking on his door were police officers. Under these circumstances, any further announcement of their presence would have been a useless gesture. Id. at 868-869, n3, 549 N.W.2d at 228. In our client’s case similar circumstances exist where Mr. Jones’ brother opened the door to police and yelled as he retreated into the house, giving notice that there were police standing on the porch. This presents the evidence that Mr. Jones knew that the police were outside and when they entered his home there was no need for an announcement from the police as Mr. Jones’ brother had already made the
Jones was investigated by police for criminal activity which gave reasonable cause for the issuance of a search warrant. While the actual items to be seized were different with Richards being drugs and Jones being firearms that does not change the remaining circumstances surrounding both cases. In both Richards and our client’s cases the police arrived with the intent to execute a warrant, in both cases someone opened the door to find uniformed police officers on the other side, and in both cases the police entered the dwelling after being discovered and without announcing themselves. In State v. Richards, 201 Wis. 2d 845, 549 N.W.2d 218 (1996), Justice Abrahamson of the Wisconsin Supreme Court, noted that Richards actions in slamming the door when he saw the uniformed officer indicated that he already knew that the people knocking on his door were police officers. Under these circumstances, any further announcement of their presence would have been a useless gesture. Id. at 868-869, n3, 549 N.W.2d at 228. In our client’s case similar circumstances exist where Mr. Jones’ brother opened the door to police and yelled as he retreated into the house, giving notice that there were police standing on the porch. This presents the evidence that Mr. Jones knew that the police were outside and when they entered his home there was no need for an announcement from the police as Mr. Jones’ brother had already made the