Search Warrant

[Borzym60]

My question involves criminal law for the state of: Wisconsin


I am a coyote hunter, and I hunt at night using thermal optics. However, one night I made a mistake and mistook three deer for what I believed were coyotes. I left the animals and did not report the incident.



Recently the department of natural resources served a search warrant on my property. They suspected I was pouching deer.. I confessed what I did to the DNR officers, they then told me they had a warrant.

The warrant listed my home and vehicles to be searched for animal carcasses, and other hunting related evidence.

They didn’t find anything during the search. I found it odd that they searched the entire house as if they had a warrant to search for drugs. They went through every dresser and in personal spaces. They covered up our in house surveillance cameras with our children’s clothes as they entered each room, and seized a bunch of weird items. I don’t understand how these items are related to the search warrant.

They took my entire DVR system rendering my home security system useless, it’s been months now without this security system functioning. I have young children and very expensive work equipment in my driveway.
The camera system monitored these areas and the exterior of my property and also gave me peace of mind when my kids are outside playing.

They also seized a laptop computer, a gun and gun parts.

The guns I can understand because they are hunting related.

They asked for keys to search a fire box under the bed.

But for the life of me, I don’t understand why they covered our Interior nest cameras with or young children’s clothing as they conducted their search inside the bedrooms. What authority the warrant gives them to go through dressers, a deer carcass could never fit in one, nor a small fire box. And what authority they have to remove my security system from the house along with a laptop.

The warrant did not list any sort of digital evidence.

[flyingron]

Eh? They are allowed to search anything that is covered by the warrant. In this case, anything in your home that could hold the animals (whole or dismembered) or whatever "hunting related evidence" might ensue. "Hunting related evidence" may indeed reach into the digital domain.

If you're charged, you need an attorney. They will look through the scope of the warrant and evidence to see if anything was found improperly. There's nothing we are going to be able to tell you without reading the warrant and the attestations of the people involved.


I don't buy your story either, you're either lying or incredibly reckless.

[Taxing Matters]

My question involves criminal law for the state of: Wisconsin
Recently the department of natural resources served a search warrant on my property. They suspected I was pouching deer.. I confessed what I did to the DNR officers, they then told me they had a warrant.

Probably should not have confessed to the officers to shooting the deer. That can be used against you. Also, since they evidently had the warrant before you admitted to killing the deer the officers must have had some indication that suggested you've been poaching in order to state the probable cause for the search in the warrant application to the court. That may mean that they suspect something more than just those 3 deer.

They didn’t find anything during the search.

At least they didn't find anything illegal during the search, apparently. It may be, however, that they'll find a use for the stuff they did seize to help make a case against you. Since you don't know exactly what kind of case they are trying to build against you you'll not be able to predict if any of the stuff the officers took might be useful to them.

But for the life of me, I don’t understand why they covered our Interior nest cameras with or young children’s clothing as they conducted their search inside the bedrooms.

They didn't want your system recording the search they did.

What authority the warrant gives them to go through dressers, a deer carcass could never fit in one, nor a small fire box. And what authority they have to remove my security system from the house along with a laptop.

If they bring charges against you, talk to your attorney to see if the state plans to use any of the stuff it seized against you. If so, then you can talk to your attorney about whether you might have a shot to get the judge to grant a motion to suppress by arguing that the items were improperly seized because the officers exceeded the scope of the warrant. By filing the motion the state will have to justify the search that was done and explain how it was within the scope of the warrant. It may be that state can satisfy the judge that search was good. I have no way to tell at this point since I don't know what items they might want to use nor have I heard what arguments the state would make in support of the warrant. The point is that there might be a good challenge to get that evidence suppressed. Of course, unless that evidence is critical to their case, it may be they could still win a conviction even if that search evidence is suppressed. You'll need to rely on your lawyer to come up with a defense plan for you.

[Mark47n]

Eh? They are allowed to search anything that is covered by the warrant. In this case, anything in your home that could hold the animals (whole or dismembered) or whatever "hunting related evidence" might ensue. "Hunting related evidence" may indeed reach into the digital domain.

If you're charged, you need an attorney. They will look through the scope of the warrant and evidence to see if anything was found improperly. There's nothing we are going to be able to tell you without reading the warrant and the attestations of the people involved.


I don't buy your story either, you're either lying or incredibly reckless.

What he said...and you copped to them as well. I'd say you have a problem.

[flyingron]

They probably had to check the kitchen very carefully as well.

[Borzym60]

Thanks for the replies. I already received tickets, which are equal to traffic tickets. They aren’t dated because of Covid, but all are none criminal.

I’ll read the warrant again and copy what it says word for word.

I did hire a attorney. He didn’t seemed very concerned. Basically said their actions didn’t seem abnormal but were suspicious.

[budwad]

More important than the warrant is the affidavit that supports the warrant. Did they give you a copy of it? Did you ask for it?

Hard to believe that an experienced coyote hunter would mistake a deer for a dog even through thermal imaging hardware.

[just blue]

More important than the warrant is the affidavit that supports the warrant. Did they give you a copy of it? Did you ask for it?

Hard to believe that an experienced coyote hunter would mistake a deer for a dog even through thermal imaging hardware.

My exact thought as well.

[flyingron]

It may look likea traffic citation, but it's a $1000 fine and possibly 90 days in jail (for each) and you can have your hunting licenses revoked.

[Borzym60]

.

It may look likea traffic citation, but it's a $1000 fine and possibly 90 days in jail (for each) and you can have your hunting licenses revoked.

I was mailed 4 tickets. All 4 are about 1k. I’m not contesting them, it’s fair and accurate.

But they all say none criminal, forfeiture citations.

More important than the warrant is the affidavit that supports the warrant. Did they give you a copy of it? Did you ask for it?

Hard to believe that an experienced coyote hunter would mistake a deer for a dog even through thermal imaging hardware.

I told them what I did, regardless of it being truthful or not, my outcome is the same, unless the law reasons with mistakes. Hunting out of season, and not collecting the animal.

I’ve been trying to rid my property of a coyote pack since moving here last October. My line in the sand was after they attacked and killed my dog. I tracked them to a tree line, I was 120 yards away, looking at silhouettes moving behind trees. I was getting positive coyote calls back from my digital caller and in the heat of the moment, I truly thought they were coyotes. The coyotes were howling back, in close proximity, causing the deer to hop And jump around which made me think they were coyotes.

But like I said, weather they believe me, they still have to issues tickets.

I have no idea about the affidavit. I’m still perplexed how they figured it out and came back to me. I can obtain that by calling one of the wardens? All I have a copy of is the warrant itself

Probably should not have confessed to the officers to shooting the deer. That can be used against you. Also, since they evidently had the warrant before you admitted to killing the deer the officers must have had some indication that suggested you've been poaching in order to state the probable cause for the search in the warrant application to the court. That may mean that they suspect something more than just those 3 deer.



At least they didn't find anything illegal during the search, apparently. It may be, however, that they'll find a use for the stuff they did seize to help make a case against you. Since you don't know exactly what kind of case they are trying to build against you you'll not be able to predict if any of the stuff the officers took might be useful to them.



They didn't want your system recording the search they did.



If they bring charges against you, talk to your attorney to see if the state plans to use any of the stuff it seized against you. If so, then you can talk to your attorney about whether you might have a shot to get the judge to grant a motion to suppress by arguing that the items were improperly seized because the officers exceeded the scope of the warrant. By filing the motion the state will have to justify the search that was done and explain how it was within the scope of the warrant. It may be that state can satisfy the judge that search was good. I have no way to tell at this point since I don't know what items they might want to use nor have I heard what arguments the state would make in support of the warrant. The point is that there might be a good challenge to get that evidence suppressed. Of course, unless that evidence is critical to their case, it may be they could still win a conviction even if that search evidence is suppressed. You'll need to rely on your lawyer to come up with a defense plan for you.

Thank you for your time and writing that informative reply.

Probably should not have confessed to the officers to shooting the deer. That can be used against you. Also, since they evidently had the warrant before you admitted to killing the deer the officers must have had some indication that suggested you've been poaching in order to state the probable cause for the search in the warrant application to the court. That may mean that they suspect something more than just those 3 deer.



At least they didn't find anything illegal during the search, apparently. It may be, however, that they'll find a use for the stuff they did seize to help make a case against you. Since you don't know exactly what kind of case they are trying to build against you you'll not be able to predict if any of the stuff the officers took might be useful to them.



They didn't want your system recording the search they did.



If they bring charges against you, talk to your attorney to see if the state plans to use any of the stuff it seized against you. If so, then you can talk to your attorney about whether you might have a shot to get the judge to grant a motion to suppress by arguing that the items were improperly seized because the officers exceeded the scope of the warrant. By filing the motion the state will have to justify the search that was done and explain how it was within the scope of the warrant. It may be that state can satisfy the judge that search was good. I have no way to tell at this point since I don't know what items they might want to use nor have I heard what arguments the state would make in support of the warrant. The point is that there might be a good challenge to get that evidence suppressed. Of course, unless that evidence is critical to their case, it may be they could still win a conviction even if that search evidence is suppressed. You'll need to rely on your lawyer to come up with a defense plan for you.

And they absolutely suspected more then three deer. Once the questioning ended, they radioed and 5 more trucks pulled up within minutes. Including a large trailer.