On Point blog, page 2 of 2
Automobile Search – Probable Cause – Burglary
State v. Edward C. Lefler, 2013 WI App 22; case activity
Probable cause found to search trunk of vehicle for evidence of burglary-related crimes, after an indisputably lawful stop for drunk driving:
¶11 … “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search.” United States v.
Arrest, Search Incident to – Automobile Passenger’s Property Incident to Arrest of Driver
State v. Jordan A. Denk, 2008 WI 130, on certification
For Denk: Lora B. Cerone, SPD, Madison Appellate
Issue: Whether the police may search, incident to the arrest of the driver, a passenger’s personal belongings (in this instance: an eyeglass case) found outside the vehicle.
Holding:
¶56 The record indicates that Officer Hahn was concerned about the possible threat posed by Denk as well.
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.
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.