POLICE DEFEND SEARCH IN SHOOTING

Some Accuse Officers, Via the Internet, of Illegal Search and Seizure After
an Officer Was Shot

OSHKOSH

Police officials are defending their response to the shooting of an
officer after a wave of criticism from Web sites and Internet message
boards.

The Oshkosh Police Department released a more detailed account this
week of the investigation into the July 17 shooting of Officer Nate
Gallagher.

He was shot in the arm while standing outside his squad car but was
not seriously hurt. Police were originally called to the area after
reports of an underage drinking party. No one has been arrested in the
case.

After the shooting, authorities established a perimeter around several
city blocks to try to find the shooter.

Dozens of Internet postings have suggested unconstitutional searches
and gun seizures by responding officers.

Police Sgt. Steve Sagmeister said no one in the neighborhood was
forced from his or her home, and police searched only four houses.

Three were searched with their owners' consent, while police attained
a warrant to search the fourth home.

Six homes were targeted for search based on the general area the
gunshot could have come from. Two were not entered because police were
unable to contact the residents, while two others were searched with
consent from the owners and did not yield any firearms.

Police took several weapons from Terry Wesner's home after getting
consent. They were returned a few days later.

Sagmeister acknowledged the firearms were taken without Wesner's
knowledge, but said it was miscommunication rather than a deliberate,
secretive seizure.

Wesner said he accepted an apology from the police department and was
satisfied by its explanation.

"It was a difficult night and things got screwed up," he said. "I can
understand this time, but if it happens again, it'll be a different
story."

Firearms taken from the sixth home were seized after police served a
search warrant, according to the police department. The owners were
later charged with felony marijuana production based on drugs and
paraphernalia left in plain view.

Wisconsin Gun Owners, Inc., a Green Bay-based gun rights group, posted
an article on its Web site Friday asking the department to clarify
probable cause for any search -- either by warrant or consent -- if
they had nothing more than a general direction the shot could have
come from.