Hi, again, and thank you for the clarification. I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top notch answers to all of my customers. I am happy to share with you my decades of experience as I donate my time here.



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With regard to your post:

A search warrant was issued for a property and nothing was found. Because
the CI used made it all up . what recourse do I have ?

Optional Information:
State/Country relating to question: Wisconsin

Detail Required: HIGH

Yes , but only by deduction on information the searching officers said, repeatedly " Do you have a former employee that is disgruntled that would do this to you?
And
the fact that the search warrant was issued by the county where the former employee lives.
Can I go to court to really find this out 1000% ? 1000%? No, definitely not - litigation does not ever work with guarantees. However -

Here are the possibilities I am seeing:

With regard to the government action, the search - if the warrant that was based on the CI's false information was invalid, you'd have a civil rights violation that may be actionable. In 2009, a majority of the Wisconsin Supreme Court held that police are not excused from confirming the reliability of an informant’s source in attempting to demonstrate Probable Cause for the issuance of a search warrant. In Illinois v. Gates, 462 U.S. 213 (1983), the court said a warrant-issuing commissioner “is simply to make a practical, common sense decision whether, given all the circumstances set forth in the affidavit … including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Thus, if, given the circumstances, the police were not being reasonable in believing the veracity of this informant, the warrant could be invalid and a civil rights violation may have occurred. For instance, perhaps one could argue that the CI was known by police to have a vendetta againts you, and perhaps he lacked credibility for other reasons... You may be able to argue the warrant was invalid and the police were not reasonable in relying on it.

Now, you COULD push the authorities to file charges against the CI for submitting a false report, lying under oath, etc. NO guarantees they will charge him, however, although I thoroughly agree with you that they SHOULD. Your other option could be to sue him for his false reporting yourself via defamation civil suit. He will deny, you will subpoena the police officer who spoke with him, etc. so he will testify as to what was stated by him that caused the officer to ask for the warrant. The mere lawsuit may cause the employee to have major regrets as to the trouble he caused you AND the expense to the taxpayers.

I hope this helps demonstrate your options a bit and I wish you success with whatever avenue you choose.

Let me know if you need follow up.

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I hope this clarifies and I wish you the best.



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