On Point blog, page 112 of 142
Plain View – Cell Phone, Image on Display Screen
State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161
For Carroll: Michael K. Gould, SPD, Milwaukee Appellate
Issue/Holding: Displayed image on cell phone satisfied plain view doctrine (lawful position of officer, inadvertent discovery, probable cause to be images displayed contraband), ¶¶23-25.
Frisk – Generally – Type of Crime; Admitted Possession of Weapons; Reaching into Pockets
State v. Aaron E. Applewhite, 2008 WI App 138, PFR filed 9/19/08
For Applewhite: Pamela Moorshead
Issue/Holding: Reasonable suspicion supported the frisk, given: the type of crime being investigated (residential burglary); the suspect’s admitted possession of, but initial reluctance to produce, two knives; and, his repeated reaching into his pants pockets, ¶¶3-11.
Frisk – Generally
State v. Nathaniel L. Sumner, 2008 WI 94, reversing unpublished opinion
For Sumner: Craig Albee, Carol S. Josten
Issue/Holding:
¶23 Our protective search or “frisk” jurisprudence has consistently emphasized that the totality of all circumstances present and known to the officer must be taken into account to assess the legality of the procedure. Naturally, some factors will be of greater import than others in the reasonable suspicion calculus in a particular case.
Frisk of Automobile – Minor Traffic Violation — Reasonable Suspicion, Multiple Factors: Furtive Movements, High-Crime Area, et. al
State v. Clemente Lamont Alexander, 2008 WI App 9
For Alexander: Michael C. Demo
Issue: Whether the police had reasonable suspicion to search the glove compartment of a car, stopped for a minor traffic violation (right turn on red without stopping), based on multiple factors: delay in pulling over, furtive movements, high-crime area, and post-stop observation of items on the driver seat normally found in the glove compartment.
Reasonable Suspicion – “Terry” Stop – Basis – Anonymous but In-Person Report of Drug Dealing and Loitering
State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08
For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student
Issue/Holding1:
¶17 The investigative stop stemmed from an anonymous citizen’s tip of drug use and loitering on the porch of the residence. … Where an anonymous tipster is involved, police are required to conduct an independent investigation to corroborate the information provided.
Routine Traffic Stop — Routine Traffic Stop – Duration – Extension by 78 Seconds to Perform Dog Sniff
State v. Ramon Lopez Arias, 2008 WI 84, on Certification
For Arias: Lora B. Cerone, SPD, Madison
Issue: whether extending a routine traffic stop by 78 seconds so that a dog could perform (without reasonable suspicion) a “drug sniff” amounted to an unlawful seizure.
Holding:
¶34 … . There remains no hard-and-fast time limit for when a detention has become too long and therefore becomes unreasonable.
Reasonable Expectation of Privacy – Guest: Permissive Use of Mobile Home
State v. Sean R. Fox, 2008 WI App 136
For Fox: Daniel M. Berkos
Issue/Holding: Permissive guest who had not stayed overnight lacked expectation of privacy in a mobile home:
¶21 The facts of this case contrast with those of Trecroci and more closely resemble those of Carter. Fox’s relationship to his hosts, Terry and McCoy,
Expectation of Privacy, Generally
State v. Brian Harold Duchow, 2008 WI 57, reversing unpublished decision
For Duchow: Melinda A. Swartz, SPD, Milwaukee Appellate
Issue/Holding
¶21 This second component reflects that protections from unreasonable searches and seizures, as described in the Fourth Amendment of the federal constitution [15] as well as Article I, § 11 of the state constitution, [16] must be determined by reference to the “‘scope of privacy that a free people legitimately may expect.’”
Arrest – Probable Cause – Specific Examples: Disorderly Conduct
State v. Tanya L. Marten-Hoye, 2008 WI App 19, (AG’s) PFR filed 2/20/08; prior history: Certification, rejected 9/10/07
For Marten-Hoye: Lora B. Cerone, SPD, Madison Appellate
Issue/Holding:
¶31 Wisconsin Stat. § 947.01 prohibits “violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.” Ben-Ami observed Marten-Hoye walking away from Ben-Ami and using profane language in a loud voice.
Arrest – Probable Cause – OWI
Waukesha County v. Eric D. Smith, 2008 WI 23, affirming unpublished decision
For Smith: Kirk B. Obear
Issue/Holding:
¶36 We conclude that under the circumstances of the present case, the Deputy’s knowledge at the time of the arrest would lead a reasonable law enforcement officer to believe that the defendant was operating a motor vehicle while under the influence of an intoxicant.