DRUG EVIDENCE FOUND IN IMPROPER SEARCH CANNOT BE USED IN COURT

Statewire

MADISON, Wis. (AP) -- A state appeals court Thursday threw out a man' s
convictions on drug possession charges because a document requesting a
search warrant of his home was improper.

The 4th District Court of Appeals in Madison ruled 2-1 that an affidavit
explaining the need for the 1996 search of Lance Ward' s home in Beloit did
not provide a link between evidence of criminal activity and Ward' s home.

The affidavit " did not provide a substantial basis for finding probable
cause that evidence of drug dealing would likely be found at that location,
" the ruling states.

Beloit police searched Ward' s home after receiving a tip that he supplied
marijuana to dealers. Police found about 5.5 pounds of marijuana and about a
third of a pound of cocaine and other drug-related evidence in the search,
according to court documents.

Ward was found guilty of drug possession. The appeals court reversed the
conviction and sent the case back to Rock County for further proceedings,
without using the drugs as evidence.

Appeals court Judge Patience Roggensack dissented.

The affidavit did not state that drugs were seen at Ward' s home before the
search, Roggensack wrote. But it was reasonable for the judge issuing the
search warrant to believe drugs would be there because informants had said
Ward was an active drug dealer, the judge stated.

Copyright 1998 Associated Press. All rights reserved. This material may not
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Copyright 1998. All rights reserved.

Checked-by: Rolf Ernst