Warrants Archives » Hogan Eickhoff

Understanding Search and Seizure Laws: Protecting Your Rights

June 10, 2025 | Constitution

Both the federal and Wisconsin Constitutions contain prohibitions against unreasonable searches and seizures that protect you to an extent in criminal cases. The Fourth Amendment to the United States Constitution guarantees the following: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In many circumstances, understanding your rights isn’t enough to protect them. Read on to learn more about the complexities of search and seizure laws and how a skilled criminal defense attorney from Hogan Eickhoff can help you if you think your rights were violated.

Unlawful Searches: Protecting Your Rights

October 22, 2024 | Criminal Defense Attorney

The Fourth Amendment to the United States Constitution states that you have the legal right to be free from an unreasonable search or seizure. A search can be illegal from several standpoints. It may be that the police officer never had the right to search you or your premises in the first place. The police officer could have gone beyond the scope of a warrant that they obtained. Either way, you may be able to persuade the court to have evidence suppressed and kept out of court when it was illegally obtained. You should contact a criminal defense attorney at Hogan Eickhoff to help protect your legal rights in the face of an illegal search or seizure.

Three Ways Prescription Drugs Can Lead to Criminal Charges

October 18, 2022 | Constitution

Prescription drugs may have multiple uses. While you may need them for a certain purpose, others may have their own needs for them, some of which may be illegal. Something that is completely legal may cross a line if it is used incorrectly or illegally distributed. You can still face criminal charges for misusing prescription drugs even after your physician had written up a legitimate prescription – in some cases, even when the need was genuine. OWI for Operating a Vehicle Under the Influence It is important that you read the instructions that go along with your prescription drugs. Some may advise you that you should not operate any type of heavy machinery for a certain period of time after taking the medication. Heavy machinery, in this case, will include a car. Some prescriptions may have a similar impact on alcohol or drugs. Wisconsin OWI law is not just centered … Continued

Don't Agree To Be Interviewed By The State Prosecutor Without Your Attorney Present

Five Mistakes People Make After an Arrest

October 5, 2022 | Arraignment

Being arrested and charged with a crime already puts you in enough legal jeopardy. There are things that you can do that can actually make your own legal situation worse. Nearly all of these mistakes are made by people who do not have an experienced criminal defense attorney. The longer you go without legal representation, the more likely you are to make an error that can handicap your criminal defense. What follows are common mistakes that defendants make that may increase the chances of being convicted or can lead to stiffer penalties when they are sentenced. You should retain counsel immediately to avoid making them. Speaking to Law Enforcement (Especially Without an Attorney Present) Some people may think that they can just give their side of the story to law enforcement and talk their way out of trouble. Talking is perhaps the worst thing that you can do after you … Continued

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Odor of Burning Weed Justifies Warrantless Entry into the Home

October 6, 2021 | Criminal Defense Attorney

In any criminal case that involves physical evidence, you can expect some scrutiny from criminal defense attorneys of how law enforcement seized the evidence. One of a defendant’s basic rights in any trial is their Fourth Amendment right to be free from an illegal search or seizure. When police enter a home without a warrant, their entry will almost always be challenged. This is exactly what happened when police went into a home after smelling burning marijuana. However, in the case of In the Interest of B.W.R., the Wisconsin Court of Appeals gave officers very wide latitude for a warrantless search.

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Are No-Knock Warrants Legal in Wisconsin?

May 3, 2021 | Criminal Defense Attorney

No-knock warrants have been in the news recently in the wake of several high-profile cases. These warrants are controversial at best and can be downright dangerous for both the police executing them and the people in the homes. Police may enter the home with their guns drawn and startle the people inside. Many people wonder whether they are legal here in Wisconsin; for now, these warrants are legal. That said, many observers hope that law enforcement use them sparingly, given the dangers.