No evidence seized under a search warrant shall be suppressed because of technical irregularities not affecting the substantial rights of the defendant. The incorrect identification of a building’s address in a warrant was a technical error and did not render the resulting search unreasonable when the search made was of the building identified by the informant, which was otherwise correctly identified in the warrant. State v. Nicholson, 174 Wis. 2d 542, 497 N.W.2d 791 (Ct. App. 1993). Mistakes on the face of a warrant were a technical irregularity under this section and the warrant met the 4th amendment standard of reasonableness when, although the warrant identified the car to be searched incorrectly two times, the executing officer attached and incorporated an affidavit that correctly identified the car three times, describing the correct color, make, model, and style of the car along with the correct license plate, and the information was based on the executing officer’s personal knowledge from prior encounters. State v. Rogers, 2008 WI App 176, 315 Wis. 2d 60, 762 N.W.2d 795, 07-1850.
Wis. Stat. § 968.22
Effect of technical irregularities
Applied in 4 court decisions — leading case State v. Popenhagen (2008)
Most recently applied in State v. Thompson (July 2012)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.