On Point: 35. Search & Seizure

State v. Kevin A. Rhyne, No. 2009AP163, District 4, 7/29/10

court of appeals decision (1-judge, not for publication); pro se; Resp. Br.

¶7        “An officer may conduct a traffic stop when he or she has probable cause to believe a traffic violation has occurred.” State v. Popke, 2009 WI 37, ¶13, 317 Wis. 2d 118, 765 N.W.2d 569 (citing State v.

certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; Resp.; Reply

Consent to Search – Georgia v. Randolph

The court of appeals certifies to the supreme court the following question:

Whether the rule regarding consent to search a shared dwelling in Georgia v. Randolph, 547 U.S. 103 (2006), which states that a warrantless search cannot be justified when a physically present resident expressly refuses consent,

State v. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply

Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance

Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the issue is raised as ineffective assistance of counsel,

State v. Michael A. Sveum, 2010 WI 92, affirming 2009 WI App 81; for Sveum: Dean A. Strang, Marcus J. Berghahn; BiC; Resp.; Reply; Amicus (ACLU); Resp. to Amicus

A circuit court “order” authorizing law enforcement to place and monitor a GPS tracking device on Sveum’s vehicle satisfied 4th amendment Warrant Clause (all warrants must be validly issued) and Reasonableness Clause (warrants must be reasonably executed) requirements.

State v. Michael R. Hess, 2010 WI 82  affirming 2009 WI App 105; for Hess: George M. Tauscheck; BiC; Resp.; Reply

Exclusionary Rule – Good-Faith Rule – Void ab initio Warrant

¶2   We conclude that the good-faith exception to the exclusionary rule does not apply to a situation in which: (1) no facts existed that would justify an arrest without a warrant;

Wisconsin supreme court decision, affirming 2008 WI App 131; for Dearborn: Eileen A. Hirsch,SPD, Madison Appellate; BiC; Resp.; Reply

Search-Incident – Good-Faith Reliance on Judicial Precedent

¶2   Dearborn maintains, and the State concedes, that in the wake of the United States Supreme Court’s ruling in Arizona v. Gant, 556 U.S. 

State v. Robert L. Artic, Sr., 2010 WI 83, affirming 2009 WI App 12; for Artic: Keith A. Findley, James D. Cooley; BiC; Resp.; Reply

Notwithstanding an unlawful, forcible police entry into his residence, Artic voluntarily consented to the subsequent search of the house, which was also sufficiently attenuated from the illegal entry to purge the taint of the illegal entry.

State v. Terion Lamar Robinson, 2010 WI 80, affirming 2009 WI App 97; for Robinson: Melinda A. Swartz, SPD, Milwaukee Appellate; BiC; Resp.; Reply

¶2   The dispositive issue in this case is whether the police officers’ warrantless entry into Robinson’s apartment and subsequent search was supported by probable cause and justified by exigent circumstances when the officers corroborated three of the four details relayed by an anonymous informant,

State v. Juiquin A. Pinkard, 2010 WI 81, affirming unpublished decision; for Pinkard: Richard L. Zaffiro; BiC; Resp.; Reply

The community caretaker function, which allows the police “to protect persons and property,” supports warrantless entry of a home. Exercising this function, the police justifiably entered Pinkard’s home in response to an anonymous phone report that “two individuals …

court of appeals decision (1-judge, not for publication); for Franzen: Timothy J. Lennon; BiC; Resp.; Reply

Suppression Hearing – Pleading Requirements for Evidentiary Hearing

Suppression hearing isn’t required on motion which challenged probable cause to administer PBT but failed to specify the relief sought.

¶6        WISCONSIN STAT. § 971.30 deals with the required form of motions and pleadings in criminal matters,