You indicate that there was other investigation; just none that was reflected in the warrant. The police attempted other searches of your garbage, so they were watching you.
If the affidavit is accurate, it is accurate. Guessing that the judge may have missed something does not make it so, nor does it affect the validity of a warrant issued on the basis of an accurate affidavity.Quoting Frozen Tundra
Under Wisconsin law,Quoting Frozen Tundra
"The affiant executed the warrant" is not a factor enumerated by the courts. What case are you looking at?Quoting State v. Marquardt, 286 Wis.2d 204, 705 N.W.2d 878 (2005).
You say that. But the independent magistrate who issued the warrant disagreed, as did the trial court that convicted you.
That doesn't mean you get a new trial in the appellate court, or that you get to present new evidence -- it simply means that the appellate court does not defer to the trial court's decision when reviewing the issue on appeal.
You appear to now be arguing that there was ample evidence of your criminal activity in the garbage bag, but that somebody else may have planted bags containing evidence of marijuana cultivation outside of both of your homes, such that the court should not have considered that evidence when evaluating the application for the warrant. I expect that the prior pull was brought to the court's attention to help establish that this is a pattern at your homes, thus unlikely to be a coincidence.
There probably is a basis for arguing that where the only evidence against a defendant is a trash pull that may not even be of the defendants trash, with an error-riddled affidavit that suggests that the police may not even have pulled the trash from the defendant's home, there would be grounds to question the resultant warrant. But that's not what happened in your case.
Plus the new garbage pull that, like the first one, uncovered evidence of your grow-op.
There is no basis for any such assumption.

