On Point: B. Published opinions

State v. James W. Whistleman, 2001 WI App 189
For Whistleman: Michael J. Devanie

Issue: Whether storage of images on a computer disk satisfies the “pictorial reproduction” element of § 948.12.

Holding:

¶7 … The computer disks taken from Whistleman’s residence produce visual images on the computer screen when a person inserts the disks into a computer and clicks on a file. We conclude the disks thus come within the ordinary meaning of “pictorial reproduction.”…

¶9.

State v. Eddie McAttee, 2001 WI App 262
For McAttee: Russell D. Bohach

Issue: Whether McAttee’s arrest was supported by probable cause.

Holding:

¶11. First, Detective Kuchenreuther was entitled to rely on Officer Smith’s knowledge of the confidential informant. See State v. Black, 2000 WI App 175, ¶17 n.4, 238 Wis. 2d 203, 617 N.W.2d 210 (arresting officer may rely on collective knowledge of police force conveyed to the officer prior to arrest),

State v. Robert F. Hart, 2001 WI App 283
For Hart: John Deitrich

Issue: Whether seizure of evidence may be sustained on a search-incident-to-arrest rationale, where the officer had probable cause to arrest, but was not going to arrest.

Holding:

¶11. What happens, however, when the police officer does not intend to make an arrest? Here, it is clear there was no intent on the part of the police officer to search Hart incident to the inevitable formal arrest for OWI.

State v. Michael M. Longcore II, 2001 WI App 15, on appeal after remand of State v. Longcore I, 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999)
For Longcore: William E. Schmaal, SPD, Madison Appellate

Issue: Whether replacing a vehicle’s glass window with a plastic sheet violates the safety glass statute, § 347.43(1), so as to provide probable cause to arrest.

State v. Robert F. Hart, 2001 WI App 283
For Hart: John Deitrich

Issue: Whether a person voluntarily abandons property when throwing it to the ground during an illegal pat-down.

Holding:

¶24. Our own research has uncovered cases that are fatal to the district attorney’s contention. In Lawrence v. Henderson, 478 F. 2d 705, 708 (5th Cir. 1973), the court held that drug evidence found in a police car after an unlawful arrest could not have been voluntarily abandoned because the ‘abandonment’

State v. David L. Munroe, 2001 WI App 104
For Munroe: Peter Koneazny, SPD, Milwaukee Appellate

Issue: Whether consent to search was valid notwithstanding illegal police activity.

Holding:

¶13. The three factors that help to determine whether the taint of earlier illegal police activity has been attenuated by the time a consent to search is granted are: “(1) the temporal proximity of the official misconduct and seizure of evidence;

State v. David L. Munroe, 2001 WI App 104
For Munroe: Peter Koneazny, SPD, Milwaukee Appellate

Issue: Whether Munroe’s acquiescence, under false pretenses, to police entry of his motel room vitiated any consent for their subsequent search of that room, where Munroe refused their initial request to search.

Holding:

¶11 The officers entered Munroe’s room for, ostensibly, one purpose: to check his identification.

State v. Albert Jackowski, 2001 WI App 187
For Jackowski: Ronald C. Shiroka

Issue: Whether violation of a statutory requirement for issuance of a building inspection warrant (namely, the § 66.0119(2) condition that such a warrant be issued only upon showing that consent to enter was refused) supports suppression of evidence obtained after entry under the warrant.

Holding:

¶17. We accept, however, the State’s alternative argument that refusal of consent is not a constitutional requirement for issuance of an administrative warrant,

State v. Albert Jackowski, 2001 WI App 187
For Jackowski: Ronald C. Shiroka

Issue1: Whether review of issuance of an administrative warrant is entitled to the same deference as a criminal search warrant.

Holding: “Great deference” is no less accorded a magistrate’s decision to issue an administrative warrant than a criminal search warrant. ¶¶9-14.

Issue2: Whether a building inspection warrant must be supported by probable cause to believe code violations then exist in the building.

State v. Stanley A. Samuel, 2001 WI App 25, 240 Wis. 2d 756, reversed, other grounds, 2002 WI 34
For Samuel: Robert R. Henak

Issue: Whether the evidence was sufficient to sustain conviction for interference with child custody, § 948.31(2) and abduction, § 948.30(1)(a).

Holding:

¶38      We adopt the State’s construction.  So long as the defendant has had a hand in physically removing the child from the parents’ possession,