State v. Moss , 172 Wis. 2d 110 ( 1992 )

SHIRLEY S. ABRAHAMSON, J.

(dissenting). I conclude that law enforcement officers may use a ruse to obtain entry to a dwelling to execute a search warrant under those circumstances that would justify a no-knock entry. In State v. Williams, 168 Wis. 2d 970, 485 N.W.2d 42 (1992), we stated that "whenever police officers possess sufficient information at the time of the application for a search warrant that justifies dispensing with the announcement rule, they should present such information to a judge for the determination of whether to authorize the no-knock entry by police." 168 Wis. 2d at 986. Police officers who know, at the time they apply for a warrant, of circumstances that would justify entry by a ruse should likewise present the information to a judge. In this case, circumstances justifying a ruse were known to law enforcement officers at the time they applied for the warrant. Accordingly, I dissent.

I am authorized to state that Chief Justice NATHAN S. HEFFERNAN joins this dissenting opinion.