On Point blog, page 102 of 143
State v. David A. Dearborn, 2010 WI 84
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.
Warrantless Entry – Consent – Attenuation of Taint
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.
Warrantless Entry – Exigent Circumstances
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,
Community Caretaker – Warrantless Entry
State v. Juiquin A. Pinkard, 2010 WI 81, affirming unpublished decision; for Pinkard: Richard L. Zaffiro; BiC; Resp.; Reply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 …
State v. Joshua M. Franzen, 2010AP129-CR, District II, 7/14/10
court of appeals decision (1-judge, not for publication); for Franzen: Timothy J. Lennon; BiC; Resp.; Reply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,
Traffic Stop – OWI
State v. Brittany A. Meye, No. 2010AP336-CR, District II, 7/14/10
court of appeals decision (1-judge, not for publication); for Meye: Kevin G. Keane; BiC; Resp.; Reply
¶6 Meye argues that the odor of intoxicants alone is insufficient to raise reasonable suspicion to make an investigatory stop. We agree. We will not cite, chapter and verse, all the many cases in this state where either we or our supreme court found facts sufficient for an investigatory stop.
Search-Incident: Automobile; Sufficiency of Evidence: Manufacturing THC
State v. Timothy Charles Bauer, 2010 WI App 93; for Bauer: Catherine M. Canright; BiC; Resp.; Reply
Search-Incident – Automobile
By failing to address Bauer’s Arizona v. Gant argument, instead relying solely on State v. Fry, 131 Wis. 2d 153, 174, 388 N.W.2d 565 (1986), the States’ argument compels the court to reverse the suppression order:
¶9 Here,
Reasonable Suspicion – Terry Stop
City of Chippewa Falls v. Kenneth C. Hein, No. 09AP2729, District III, 6/23/10
court of appeals decision (1-judge; not for publication); for Hein: Paul D. Polacek; BiC; (Resp. not on-line); Reply
Stop of Hein’s vehicle was supported by “reports of suspicious activity about 2:30 a.m., the nature of which was unknown:”
¶10 … A prudent officer proceeding into such ambiguity and uncertainty will ensure the availability of witnesses or suspects and freeze the scene in order to further investigate:
[A] law enforcement officer will be confronted with many situations in which it seems necessary to acquire some further information from or about a person whose name he does not know,
Traffic Arrest – Probable Cause – Crossing Median
Village of Whitefish Bay v. David W. Czirr, No. 2010AP92, District I, 6/22/10
court of appeals decision (1-judge; not for publication); for Czirr: Rex Anderegg; BiC; Resp.; Reply
Driving across median, even for very brief period of time, establishes probable cause to arrest for traffic offense:
¶14 Next, Czirr does not specifically argue that momentarily being on top of the median cannot constitute a violation of WIS.
Reasonable Suspicion Issues – Frisk – Minor Traffic Stop – Passenger (Various Factors, Including Nervousness, High-Crime Area)
State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision
For Kyles: Eileen A. Hirsch, SPD, Madison Appellate
Issue/Holding: The following factors did not add up to reasonable suspicion supporting the frisk of a passenger during a routine traffic stop (¶17):
(1) The officer testified that he “didn’t feel any particular threat before searching” the defendant.
(2) The defendant,