City of Milwaukee v. Dyson

The City of Milwaukee appeals from an order requiring it to return to Willie Dyson, son of the defendant James Dyson, two guns seized during the execution of a search warrant. On appeal, the City argues that the trial court abused its discretion in ordering the return of the weapons. We disagree and affirm the trial court’s order.

Following Dyson’s plea of guilty to two felonies, he moved the court, pursuant to sec. 968.20, Stats., for an order directing the City to return the property (two guns and a suit) seized during the execution of a search warrant.

During the hearing on Dyson’s motion,…