Legal Question in Criminal Law in Wisconsin

Re: Under what circumstances may a search warrant be executed at night?

Look at the search warrant, signed by a judge. See if it authorizes a night search or not, or whether it addresses the issue at all. Next, look at police affidavits justifying the search warrant on this issue. In 23 states execution of search warrants is limited to daytime, unless a night search is justified and authorized by the judge. The time of a police search of an occupied family home is a significant factor in determining whether a search is unreasonable under the Fourth Amendment. The greater intrusion of a night entry must be offset by a greater justification for doing so. Was it necessary to make the search at night?

Second, the question of the homeowner's absence at the time of the search may be a factor showing the execution of the search warrant unreasonable, especially if the police deliberately made entry into the house when they knew it would be unoccupied. There has long been a requirement of notice or demand for admission to execute a search warrant. But if the police do this, and no one answers, many courts will say they can execute the search warrant and go in, though they are required to then give post-search notice, and inventory. Still, if police intentionally watch and wait until the homeowner leaves, in order to search in their absence, and especially if they try to do so without notice or inventory to the homeowner, the search may be illegal.

This seems like an area to have a criminal lawyer look into, with more facts. There might be grounds for a suppression motion, which might win the case, but more research and investigation would need to be done.