State Ex Rel. Furlong v. Waukesha County Court

I. Prohibition.

The first issue confronting this court is whether prohibition in the circuit court was the proper method for defendant to test the criminal action against him in the county court.

We have considered this very issue in a number of recent decisions.3 “. . . Prohibition will not lie whenever habeas corpus or other adequate remedy is available.” 4

Defendant seeks to suppress any prosecution based on evidence seized as a result of the search warrant which he contends was illegally issued.

The skeletal framework of defendant’s syllogism is: The search warrant issued by Judge Dancey was…