On Point blog, page 23 of 25
Search & Seizure – Applicability of Exclusionary Rule – Violation of Nonconstitutional Right – Investigative Stop Outside Officer’s Jurisdiction
State v. James W. Keith, 2003 WI App 47, PFR filed 3/5/03
For Keith: Christopher A. Mutschler
Issue/Holding: Evidence not suppressible merely because seized by officer effectuating stop outside of his or her jurisdiction: there is no “reason to ignore the well-established rule that suppression is required only when evidence is obtained in violation of a constitutional right or in violation of a statute providing suppression as a remedy,”
Arrest – Legislator’s Exemption
State v. Brian B. Burke, 2002 WI App 291, PFR filed 11/29/02
For Burke: Robert H. Friebert
Issue/Holding:
¶22. We conclude that the members of the Wisconsin Constitutional Convention did not intend to create a legislative privilege from criminal arrest and prosecution when they included article IV, section 15 in the Wisconsin Constitution. The phrase “treason, felony and breach of the peace” in that section was intended to mean “all crimes.”
Arrest — Search Incident to Arrest — Warrantless Blood Test — Person Offers to Take Breath Test
State v. Jay D. Krajewski, 2002 WI 97, affirming unpublished decision of court of appeals
For Krawjewski: Christopher A. Mutschler
Issue/Holding:
¶3. … (A) warrantless nonconsensual blood draw from a person arrested on probable cause for a drunk driving offense is constitutional based on the exigent circumstances exception to the warrant requirement of the Fourth Amendment, even if the person offers to submit to a chemical test other than the blood test chosen by law enforcement,
Arrest — Probable Cause — Collective Knowledge Doctrine, Applied to Informant
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),
Arrest — Search Incident to Arrest — Probable Cause to Arrest Exists, but Officer Exercises Discretion Not 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.
Arrest — Traffic Offense — Safety Glass Law
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.
Exigency — Automobile Exception to Warrant Requirement
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.
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.