State v. Moslavac

We address two issues in this case. First, are the police authorized to forcibly execute a search warrant against an unoccupied premises? We answer yes. Second, must the police knock and announce prior to executing a search warrant against an unoccupied premises? We answer no. We therefore affirm the conviction of Dennis Moslavac for the unlawful delivery or manufacture of a controlled substance as a party to the crime pursuant to § 161.41(lm)(cm)3, Stats., 1993-94, 1 and § 939.05(1), Stats. We also affirm the postconviction order which rejected Mos-lavac's challenge to the forcible and…