On Point: B. Published opinions

State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02
For Stout: James L. Fullin, Jr., SPD, Madison Appellate

Issue: Whether the police must have reasonable suspicion before seeking consent to enter a residence.

Holding:

¶17. We hold that there is no Fourth Amendment requirement of reasonable suspicion as a prerequisite to seeking consent to enter a dwelling. We find support for this holding in federal automobile search cases.

State v. Tina M. Miller, 2002 WI App 150, PFR filed 6/3/03
For Miller: Timothy A. Provis

Issue/Holding: Based on evidence that the dog had been trained in drug detection, the police had probable cause to search the automobile once the dog alerted them, including probable cause to search a purse within the car. ¶¶12-15

But, keep in mind this potentially important limitation,

State v. Dennis L. Daggett, 2002 WI App 32, PFR filed 1/10/02
For Daggett: Julie A. Smith

Issue: Whether a warrantless draw of blood, following OWI arrest, is necessarily unreasonable if performed at the jail rather than hospital.

Holding: There is no bright-line rule that a blood draw must be made in a hospital setting to be constitutionally reasonable. Instead, there is “a spectrum of reasonableness”: blood withdrawn by a medical professional in a medical setting is generally reasonable;

State v. Charles A. Wallace, 2002 WI App 61
For Wallace: Martha K. Askins, SPD, Madison Appellate

Issue/Holding:

¶25. We conclude, however, that we need not address whether police may conduct a consensual strip search free of the statutory restrictions. Absent a constitutional violation, a court may not suppress evidence obtained in violation of a statute except where the statute ‘specifically requires suppression of wrongfully or illegally obtained evidence as a sanction.’ 

State v. Brandon L. Wheat, 2002 WI App 153, PFR 6/14/02
For Wheat: Steven A. Koch, Bradley J. Lochowicz

Issue/Holding: The record shows that the search of defendant’s residence was performed by his probation agent; police officers were present only for protection; therefore, this was a probation and not a law enforcement search. ¶23.

UPDATE: What about where the search of the probationer/parolee’s home is conducted by the police alone?

State v. Tina M. Miller, 2002 WI App 150, PFR filed 6/3/03
For Miller: Timothy A. Provis

Issue/Holding:

¶6. The Supreme Court first addressed whether the Fourth Amendment applies to canine sniffs in United States v. Place, 462 U.S. 696 (1983). … The Court then concluded “that the particular course of investigation that the agents intended to pursue here-exposure of respondent’s luggage,

State v. Brandon L. Wheat, 2002 WI App 153, PFR 6/14/02
For Wheat: Steven A. Koch, Bradley J. Lochowicz

Issue/Holding: Because the exclusionary rule doesn’t apply at revocation hearings, “(a) reasonable probation search, as conducted here, is lawful even if the probation officer relies, in part, on information from law enforcement officials in violation of the Fourth Amendment.” ¶29.

State ex rel. Julie A.B. v. Circuit Court, 2002 WI App 220
For Julie A.B.: Roberta A. Heckes

Issue/Holding: § 48.29(1) permits more than one party to file a request for a substitution of judge in a TPR proceeding, ¶2. (The mother filed a substitution request. After a new judge was assigned, the GAL filed a request, one that the mother unsuccessfully challenges as unauthorized.)

State ex rel. Ernie Garibay v. Kenosha County, 2002 WI App 164
For Garibay: Denise Hertz-McGrath

Issue/Holding:

¶2. The dispositive issue is whether a defendant who is charged jointly with another defendant may obtain substitution of a judge pursuant to Wis. Stat. § 971.20(6) when the codefendant is not yet before the court. We conclude that the language of § 971.20(6) is plain and unambiguous and applies in a multiple defendant action even when a codefendant is unavailable to either join or refuse to join a substitution request.

Barbara R.K. v. James G., 2002 WI App 47

Issue: Whether review of a denied request for substitution of judge is waived by failure to seek review of the denial by the local chief judge.

Holding:

¶9…. The statute then provides: “If the judge named in the substitution request finds that the request was not timely and in proper form, that determination may be reviewed by the chief judge of the judicial administrative district …