State v. Mier

The appeal presents this question: May a judge who is acting in place of the judge who issued a search warrant, because of an affidavit of prejudice, grant a motion to suppress the evidence obtained pursuant to the authorized search, without any affirmative proof of irregularity or insufficiency in the proceedings previous to the issuance of the search warrant ?

Counsel for the state argue that the evidence produced by Officer Behrendt of the Milwaukee police force before District Judge Neelen was sufficient to establish an honest belief in the mind of said magistrate that the offense of…