On Point blog, page 9 of 15
Expectation of Privacy — Property or Possessory Interest Necessary
State v. Derrick Benton, 2001 WI App 81
For Benton: James Kachelski.
Issue: Whether the defendant can challenge seizure of property from an auto where he claimed no ownership or possessory interest in either the auto or the seized property.
Holding:
¶11 Although the trial court upheld the search of the car in which Benton was riding as one incident to either an arrest or as an inventory search,
Double Jeopardy – Multiplicity: Judicial Estoppel Bar to Arguing
State v. Michael Johnson, 2001 WI App 105
For Johnson: David R. Karpe
Issue: Whether defendant’s partially successful trial strategy of defending against two counts of possession of intent to deliver of claiming personal use on one count and denial of any knowledge of the substance in the second count judicially estopped him from arguing on appeal that the two counts are multiplicitous.
Holding:
¶10.
Reasonable Suspicion – Stop – Basis – Unidentified Cell Phone Caller
Paul Rutzinski, 2001 WI 22, affirming unpublished opinion of court of appeals
For Rutzinski: Craig A. Mastantuono, Maureen Fitzgerald
Issue: Whether an unidentified motorist’s cell phone report of suspicious driving justified a stop.
Holding:
¶38 In sum, we hold that the tip in this case provided sufficient justification for an investigative stop of Rutzinski. First, the tip contained sufficient indicia of the informant’s reliability: the information in the tip exposed the informant to possible identification and,
Reasonable Suspicion – Stop – Basis: “Drug Crime” Area, Lateness of Hour, Nervousness
State v. Christopher Gammons, 2001 WI App 36
For Gammons: Keith A. Findley, LAIP
Issue/Holding: Police did not have reasonable suspicion to continued detention for a routine traffic problem after the purpose of the stop was fulfilled:
¶21 In evaluating reasonable suspicion, we must examine whether all the facts, when taken together, could constitute a reasonable suspicion. State v. Allen,
Reasonable Suspicion – Stop – Basis – Automobile – Investigate Earlier Crime
State v. Alisha M. Olson, 2001 WI App 284
For Olson: Daniel P. Fay
Issue: Whether the police had reasonable suspicion to make a traffic stop to investigate the driver for a burglary two days earlier.
Holding:
¶8. In the present case, we find sufficient facts to give rise to a reasonable suspicion that Olson had committed a crime. The Waukesha County Sheriff’s Department did not pull Olson’s name out of a hat.
Reasonable Suspicion – Stop – Basis – Traffic Offense – Temporary License Sticker, Unseen by P.O.
State v. Christopher Gammons, 2001 WI App 36
For Gammons: Keith A. Findley, LAIP
Issue: Whether an officer may stop a car for not displaying a rear plate, when the car has a temporary license sticker which isn’t seen until after the stop.
Holding:
¶8 While the temporary license sticker in this case may be a better indicator of registration than the ‘license applied for’ sign in [State v.]Griffin[,
Reasonable Suspicion — Stop — Duration — Traffic Offense — Running Warrant Check on Passenger, After Purpose of Stop Resolved
State v. Christopher Gammons, 2001 WI App 36
For Gammons: Keith A. Findley, LAIP
Issue: Whether, following stop of a car which seemed not to have plates, identification-related investigation of passenger is permissible once the officer discovers proof (display of temporary sticker) that there is in fact no apparent violation of registration laws.
Holding: A lawful stop doesn’t become an unreasonable seizure merely because the officer asks for the passenger’s identification.
Expectation of Privacy — Guest — Premises Used Primarily for Commercial Purposes
State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126
For defendants: Robert R. Henak
Issue: Whether a guest temporarily on premises used primarily for commercial purposes had standing to assert suppression of evidence seized after unlawful police entry.
Holding:: Notwithstanding certain language in Minnesota v. Carter, 525 U.S.
§ 940.02, First-degree reckless homicide — Subjective Awareness of Risk — sufficiency of evidence
State v. Jefrey S. Kimbrough, 2001 WI App 138, PFR filed 6/25/01
For Kimbrough: Glenn C. Cushing, SPD, Madison Appellate
Issue: Whether the evidence satisfied the reckless-conduct element, in particular that the defendant was subjectively aware of the risks in shaking a baby who died as a result.
Holding: The jury was entitled to draw a finding of guilt on this element from competing inferences: Though defendant’s intelligence was “limited,”
§ 940.11(2), Hiding Corpse — Sufficiency of Evidence
State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.W.2d 142
For Badker: Timothy A. Provis
Issue: Whether the evidence was sufficient to sustain conviction for “hiding” corpse, § 940.11(2).
Holding: By dumping the deceased’s body into a 6-foot-deep, water-lined ditch in a secluded wildlife refuge, Badker satisfied the element of “hiding” under § 940.11(2).