On Point blog, page 200 of 214
Costs – allocated per count, § 814.60(1)
State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999)
For Carter: Paul G. LaZotte
Issue/Holding: The $20 fee for the clerk of court under § 814.60(1) is allocated on a per-count, rather than per-case, basis.
Suppression Hearing – Burden of Production
State v. Frederick G. Jackson, 229 Wis. 2d 328, 600 N.W.2d 39 (Ct. App. 1999)
For Jackson: Allan D. Krezminski
Holding: Jackson failed his burden of production that the state violated his rights (more concretely: unless the hospital personnel were acting as state’s agents, there would be no governmental interference with his rights under the fourth amendment).
Allocution – Generally
State v. James C. Lindsey, 203 Wis. 2d 423, 554 N.W.2d 215 (Ct. App. 1996)
For Lindsey: Park M. Drescher
Issue/Holding:
It is undisputed that the trial court at the sentencing hearing erred when it did not afford Lindsey the right of allocution provided by § 972.14(2), Stats. …First, we conclude that because § 972.14(2), Stats., clearly establishes a statutory right of allocution and because the trial court did not follow the mandate of § 972.14(2),
Warrants – No-Knock Rule – Unoccupied Premises
State v. Dennis Moslavac, 230 Wis. 2d 338, 602 N.W.2d 150 (Ct. App. 1999)
For Moslavac: Michael S. Holzman.
Issue/Holding: The knock-and-announce rule does not apply when the target premises are unoccupied.
Police have authority to forcibly execute a search warrant when the premises are unoccupied. It follows that the knock-and-announce rule doesn’t apply to unoccupied premises, the purposes of the rule not being served if no one’s there.
Expectation of Privacy — Mail, Prior to Delivery
State v. Domingo G. Ramirez, 228 Wis.2d 561, 598 N.W.2d 247 (Ct. App. 1999)
For Ramirez: Donald T. Lang, SPD, Madison Appellate.
Holding: When the state searches mail prior to delivery to a residence, and the addressee is not a resident, that person has a (“minimal”) burden of establishing some reasonable expectation of privacy in the package. This requirement occupies a middle ground, between a presumptive expectation of privacy and a requirement that the “challenger”
Expectation of Privacy — Prison inmate, strip search.
Tayr Kilaab Al Ghashiyah (Kahn) v. McCaughtry, 230 Wis.2d 587, 602 N.W.2d 307 (Ct. App. 1999)
For Kahn: Walter W. Stern.
Issue: Whether a prison inmate may be strip-searched, under the fourth amendment, upon being taken to or from segregation.
Holding: “(W)e conclude that a prison inmate in segregation status does not possess a reasonable expectation of privacy in his body that permits a Fourth Amendment challenge to the visual inspections to which Casteel was subjected.”
Forfeiture — Pre-existing Security Interest
State v. Robert E. Frankwick, 229 Wis.2d 406, 599 N.W.2d 893 (Ct. App. 1999)
For Frankwick: Wendy A. Patrickus
Issue/Holding: Frankwick’s truck was ordered seized and forfeited, per § 346.65(6), following OWI convictions. However, someone had perfected a lien, the day before the convictions, and the trial court voided the lien after concluding that it had been filed in bad faith. The court of appeals reverses: § 346.65 (6) doesn’t speak to perfection of liens,
Reasonable Suspicion – Stop – Basis – Warrant Execution – leaving house where warrant being executed
State v. Louis Taylor, 226 Wis.2d 490, 595 N.W.2d 56 (Ct. App. 1999)
For Taylor: Donald T. Lang, SPD, Madison Appellate.
Holding: Taylor walked out the back door as police were knocking on the front door to execute a warrant for someone else, in an area described as “high drug … high gang.” The police were entitled to seize him:
We agree with the trial court that the totality of the facts supports a reasonable basis for Veselik’s suspicion that something unlawful was afoot with Taylor.
Reasonable Suspicion to Stop – Basis – Privileged Information – Public Safety Exception to Psychotherapist-Patient Privilege
State v. Curtis M. Agacki, 226 Wis.2d 349, 595 N.W.2d 31 (Ct. App. 1999)
For Agacki: John M. Carroll.
Issue: “(W)hether whether the psychotherapist-patient privilege can prevent a police officer, at a suppression motion hearing, from testifying about a psychotherapist’s account of a patient’s disclosure, which provided the basis for the officer’s probable cause to search the patient.”
Holding: Because the statements involved the patient’s threat of imminent harm to another,
Reasonable Suspicion – Stop – Basis: Nervousness, Lateness of Hour, Picture of Mushroom
State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999)
For Betow: James C. Murray
Issue/Holding: The police didn’t have reasonable suspicion to extend a routine stop for speeding based on the following: the driver’s wallet was adorned with a picture of a mushroom, coupled with the officer’s experience that the depiction of mushrooms may signify hallucinogenic use; lateness of the hour; driver’s implausible explanation of itinerary;