On Point blog, page 23 of 24
Terry Frisk – Scope, Generally
State v. Martin D. Triplett, 2005 WI App 255
For Triplett: Syovata Edari, SPD, Milwaukee Appellate / Milwaukee Trial
Issue/Holding:
¶11 Despite the fact-specific nature of our analysis, we glean from the case law several useful guiding principles. First, an officer should confine his or her search “strictly to what [is] minimally necessary” to learn whether an individual is armed. Id. at 30.
Warrants – Arrest Warrant as Authority to Enter of Third-Party Residence
State v. Antonion Blanco, Nora M. Al-Shammari, 2000 WI App 119, 237 Wis.2d 395, 614 N.W.2d 512
For Blanco: Michael P. Jakus
Issue: Whether an arrest warrant provided authority for the police to enter the residence of a third party and arrest the person named in the warrant.
Holding:
¶10 An arrest warrant authorizes the police to “enter the suspect’s residence to execute the warrant if there is reason to believe he will be found there;
Exigency — Community Caretaker Entry of Residence, Suicide Prevention — “Protective Sweep”
State v. Walter Horngren, 2000 WI App 177, 238 Wis.2d 347, 617 N.W.2d 508
For Horngren: James M. Weber
Issue/Holding1:
¶10 Horngren contends that the police entry, in response to a suicide threat, was made pursuant to WIS. STAT. § 51.15, “Emergency detention.” Therefore, he argues that the entry occurred while the officers were “engaging in traditional law enforcement duties,” not community caretaker duties. We disagree.
Arrest — Probable Cause — Citizen-Informant — Connection Between Defendant and Deceased
State v. Joel L. Ritchie, 2000 WI App 136, 237 Wis.2d 664, 614 N.W.2d 837
For Ritchie: Stephen G. Bauer
Holding: Various informants were sufficiently reliable to support probable cause: though they weren’t expressly identified as citizen informants, they wree not suspects but, rather, “were ordinary persons who answered questions and provided information in response to a police investigation of a crime.” ¶15. (Note: though not mentioned by the court,
Arrest — Search Incident to Arrest — “Protective Sweep” of Residence
State v. Antonion Blanco, Nora M. Al-Shammari, 2000 WI App 119, 237 Wis.2d 395, 614 N.W.2d 512
For Blanco: Michael P. Jakus
Issue: Whether the police were justified, under “protective sweep” rationale, to search a crawl space in a bathroom ceiling.
Holding: Though narrowly confined to cursory inspection of places where a person might be hiding following an arrest inside of a residence, the protective-sweep doctrine in this case justified search of a crawl space bolted in place by four screws.
Arrest — Search Incident to Arrest — Automobile Passenger’s Property Incident to Arrest of Driver
State v. Robert J. Pallone, 2000 WI 77, 236 Wis. 2d 162, 613 N.W.2d 568, affirming State v. Pallone, 228 Wis. 2d 272, 596 N.W.2d 882
For Pallone: Steven J. Watson
Issue: Whether the search of a vehicle passenger’s duffel bag, following the driver’s arrest for the forfeiture offense of having open intoxicants, was proper.
Holding: The search was justified as both incident to arrest and as based on probable cause.
Arrest — Search Incident to Arrest — Warrantless Blood Test
State v. John C. Thorstad, 2000 WI App 199, 238 Wis. 2d 666, 618 N.W.2d 240
For Thorstad: Ralph A. Kalal
Issue: Whether the warrantless blood draw complied with State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993).
Holding: The four-part Bohling test — lawful arrest; reasonable suspicion that draw will show intoxication; method of drawing blood reasonable; no reasonable objection by arrestee to blood draw —
Arrest — Warrant, Based on Criminal Complaint — Standard of Review
State v. Joel L. Ritchie, 2000 WI App 136, 237 Wis.2d 664, 614 N.W.2d 837
For Ritchie: Steven G. Bauer
Issue: What is the standard of review for an arrest warrant based on a criminal complaint?
Holding: Although review of probable cause to support a complaint is independent, review of probable cause to support an arrest warrant based on a complaint is greatly deferential (same as review of a search warrant).
Arrest — Authority of Sheriff to Arrest in Municipality
State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999)
For Zivcic: John J. Carter
Issue/Holding: A sheriff’s deputy has authority to arrest in a city located in the county.
Easy enough. Plus, there’s significant authority allowing a an officer to peform an out-of-jurisdiction arrest under a “citizen’s arrest” rationale: see State v. James W. Keith, 2003 WI App 47 (discussion of point,
Arrest – Probable Cause – Predicated on Mistake of Law
State v. Michael M. Longcore (I), 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999), affirmed by equally divided vote, 2000 WI 23, 233 Wis. 2d 278, 607 N.W.2d 620
For Longcore: William E. Schmaal, SPD, Madison Appellate.
Issue/Holding: An officer stopped Longcore’s car because his back window had been replaced with a plastic covering. The trial court ruled that this was a permissible temporary stop but the court of appeals holds that the officer wasn’t conducting a temporary,