My question involves criminal law for the state of: Wisconsin
Search warrant was obtained based off of anonymous tip and contraband in trash pull. I am not disputing legality of trash pull.
4/15: Anonymous tip to crimestoppers suggesting 200 plant marijuana grow at 123 main street
4/15: old house 123 main street-Trash pull finding high times magazine seed advertisement, and empty seed package. no thc found. Indices (mail) found in same bag
5/16: New House 123 new street-Trash pull finding 4 bags. Three white bags and one black bag. Black bag contained .01 grams of marijuana and fertilizer bottle. NO mail or indices or any nexus in black bag.
5/16: Administrative subpoena from electric company showing higher than normal usage.
Affidavit for search warrant is bare bones and rest of it is boilerplate language. Training and expertise etc. There is no other surveillance, and none showing that defendant was seen placing that particular bag in garbage.
My analysis is search violated 4th amendment and any evidence is fruit of the poisonous tree. At quick glance, the affidavit seems to suggest indices was in same bag. If read quickly. Cloer read shows otherwise. Perhaps Judge missed this? Furthermore, since affiant is same investigator who served warrant, good faith exception does not apply. What are your quick thoughts?