On Point blog, page 103 of 145
State v. Troy Edward Lang, 2009AP2087-CR, District 1, 8/10/10
court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply
Search Warrant – Probable Cause
Affidavit by a detective, containing statements made by a recently arrested “informant” who said that “Troy” at the target residence had traded him cocaine for stolen property, supplied probable cause for the warrant application. The informant’s reliability was established by:
- statement’s against-interest nature;
Traffic Stop – Tail Lamp Violation
State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10
court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply
¶11 WISCONSIN STAT. § 347.13(1) provides that “[n]o vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated on a highway during hours of darkness unless both such lamps are in good working order.” WISCONSIN STAT.
Field Sobriety Testing
State v. Eric Michael Webley, No. 2010AP747-CR, District 4, 7/29/10
court of appeals decision (1-judge, not for publication); for Webley: Steven Cohen; BiC; Resp.
The police had reasonable suspicion believe Webley was driving with a blood alcohol level exceeding 0.02, and thus to perform field sobriety tests, after an indisputably proper stop for speeding, given the following (in addition to which, Webley admitted having had two beers):
¶8 …
Traffic Stop – Lane Violation
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court of appeals decision (1-judge, not for publication); pro se; Resp.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.
State v. Brian T. St. Martin, No. 2009AP1209-CR, District II, 7/28/10, review granted 10/27/10
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,
Evidence / IAC: Comment on Refusal to Provide DNA; Instruction: Recording Policy Interrogation; Impeachment: Prior Convictions
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,
Search Warrant – GPS Tracking Device
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.
Exclusionary Rule – Good-Faith Rule – Void ab initio Warrant
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;
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.