On Point blog, page 116 of 141
Reasonable Suspicion – Basis – Traffic Stop – Vehicle’s Owner Known to Have Revoked License
State v. Frank C. Newer, 2007 WI App 236, PFR filed 11/8/07; prior history: Certification, 8/8/07, denied, 9/10/07
For Newer: Francis R. Lettenberger
Issue/Holding: The police have reasonable suspicion to stop a vehicle whose owner’s DL is known to have been revoked, given no reason to think someone other than the owner is behind the wheel:
¶2 We now reverse the circuit court’s suppression of the evidence and remand for further proceedings.
Reasonable Suspicion – Basis – Traffic Stop – Pretext
State v. Frank C. Newer, 2007 WI App 236, PFR filed 11/8/07; prior history: Certification, 8/8/07, denied, 9/10/07
For Newer: Francis R. Lettenberger
Issue/Holding: ¶4, n. 2.
The circuit court also refused to consider the alternative grounds of the observed speeding violation because the officer “wasn’t using that as a basis for the stop.” We note that the officer’s subjective motivation for making a stop is not the issue;
Frisk of Automobile – Reasonable Suspicion: Single Factor – “Furtive” Movement
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15
For Johnson: Eileen A. Hirsch, SPD, Madison Appellate
Issue/Holding:
¶34 Turning to the present case, the State contends that Johnson’s movement in the interior of the car was a sufficiently compelling factor to justify Stillman’s protective search of Johnson’s car. The State asserts that the court of appeals improperly concluded this single factor,
Reasonable Suspicion — Stop, Duration, Routine Traffic Violation
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15
For Johnson: Eileen A. Hirsch, SPD, Madison Appellate
Issue/Holding:
¶45 Another factor weighs strongly against the reasonableness of the protective search in this case. Before Johnson was asked to exit the vehicle and submit to a pat down, he gave Stillman paperwork showing that his vehicle had passed an emissions test recently,
Expectation of Privacy – Automobile: Closed Container
State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53
For Bruski: Margaret A. Maroney, SPD, Madison Appellate
Issue/Holding:
¶32 Bruski argues that he had a reasonable expectation of privacy in his travel case, even if he did not have a reasonable expectation of privacy in Ms. Smith’s vehicle. The question of whether an individual may have a reasonable expectation of privacy in personal property found inside a vehicle that he or she does not have a reasonable expectation of privacy in has not been addressed by the United States Supreme Court.
Warrantless Entry of Residence – Exigency — Destruction of Evidence (Drugs)
State v. Dwight M. Sanders, 2007 WI App 174, affirmed on different ground, 2008 WI 85
For Sanders: Patrick M. Donnelly, SPD, Madison Appellate
Issue/Holding:
¶32 In both Hughes and Garrett, the police officers actually detected the presence of drugs within the residence before they entered without a warrant. In Hughes, the officers smelled the “unmistakable odor of marijuana coming from [the defendant’s] apartment.” Hughes,
Arrest — Probable Cause — Specific Examples: Seatbelt Violation
State v. Pedro L. Nieves, 2007 WI App 189, PFR filed 7/6/07
For Nieves: Ralph Sczygelski
Issue/Holding:
¶9 For purposes of this appeal, the propriety of the initial traffic stop is not challenged. Rather, Nieves argues that he should not have been arrested for his “innocuous seatbelt violation.” He was not. Indeed, Wis. Stat. § 347.48(2m)(gm) expressly forbids an arrest based solely on a seatbelt violation.
Arrest – Probable Cause – Specific Examples: Drug Activity
State v. Dwight M. Sanders, 2007 WI App 174, affirmed on different ground, 2008 WI 85
For Sanders: Patrick M. Donnelly, SPD, Madison Appellate
Issue/Holding: Police lacked probable cause to arrest for a drug offense under the following circumstances:
¶15 At the time the officers pursued Sanders into his home, the officers knew that the residence was located in an area known for drug trafficking and that Sanders was holding in his hands folded-up money and a canister that appeared to be of the type typically used to transport drugs.
Emergency Exception to Warrant Requirement – Kidnapping: Evidence Leading to Victim’s Location
State v. David M. Larsen, 2007 WI App 147, PFR filed 5/31/07
For Larsen: Jefren E. Olsen, SPD, Madison Appellate
Issue: Whether the emergency doctrine supports warrantless entry of a residence not merely to look for the victim but also to search for evidence that would lead to her location.
Holding:
¶22 Larsen next contends that even if the emergency doctrine justified a search for the children,
Emergency Exception to Warrant Requirement – Child-Kidnapping: Heightened Need
State v. David M. Larsen, 2007 WI App 147, PFR filed 5/31/07
For Larsen: Jefren E. Olsen, SPD, Madison Appellate
Issue/Holding:
¶20 Larsen first contends that because the officers had already conducted a thorough search of the home, they had no reason to believe that there was anyone inside in need of immediate assistance. We disagree.
¶21 When the officers and emergency personnel conducted the first search,