Ritacca v. Kenosha County Court

Ritacca seeks review of an order quashing a writ of habeas corpus. Two questions are presented: (1) Did the affidavit on which the search warrant was based establish probable cause to believe there was marijuana on the premises to be searched? (2) Did the complaint establish probable cause to believe the defendant possessed marijuana with intent to deliver?

On March 18, 1976, the defendant was charged in a criminal complaint with possession of marijuana with intent to deliver, in violation of sec. 161.41 (lm) (b), Stats. 1 The complaint stated in part:

“that at approximately 8:30 P.M. on said…