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STATE v. WHITING

No. 02-1721-CR.

264 Wis.2d 722 (2003)

2003 WI App 101

663 N.W.2d 299

STATE of Wisconsin, Plaintiff-Respondent, v. Isace A. WHITING, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 17, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of R. Michael Waterman of Mudge, Porter, Lundeen & Seguin, S.C., Hudson.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Edwin J. Hughes, assistant attorney general, and James E. Doyle, attorney general.

Before Roggensack, Deininger and Lundsten, JJ.

¶ 1. DEININGER, J.

Isace Whiting appeals a conviction for possession of methamphetamine. Whiting claims the circuit court erred by not granting his motion to suppress evidence seized from his residence after officers executed a search warrant without first knocking and announcing their presence. We conclude that the circuit court should not have denied Whiting's motion to suppress without hearing evidence regarding the circumstances which existed at the time...

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