On Point: 35. Search & Seizure

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.

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,

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.

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.

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,

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,

State v. Roemie T. St. Germaine, 2007 WI App 214, PFR filed 9/27/07
For St. Germaine: Rex Anderegg

Issue: Whether the owner of the residence (Briseno) had apparent authority to consent to police search of renter St. Germaine’s room, at least where St. Germaine was present was consent was sought and never objected.

Holding:

¶17 St. Germaine argues that there was no reasonable basis for the officers to search his room because they knew it was rented and that Briseno could not consent.

State v. John J. Hartwig, 2007 WI App 160, PFR filed 5/22/07
For Hartwig: Wright C. Laufenberg

Issue/Holding: The trial court misread State v. Reginald Jones, 2005 WI App 26, to hold that consent to search is invalid whenever the person has been seized; rather, that case holds only that consent may be invalid when made following illegal seizure of the person.

State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07
For Bons: Vladimir M. Gorokhovsky

Issue/Holding:

¶18      The State has satisfied its burden to show the consent was voluntary. There is no suggestion of misrepresentation, deception, trickery or intimidation. The officers did not use weapons or force or otherwise take custody of Bons. Bons testified that Ramstack told him that he could be arrested,

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: To overcome its presumptive prohibition, warrantless entry of a residence must be supported by both probable cause and exigent circumstances (the latter including hot pursuit, threat to safety, risk of destroyed evidence, and likelihood of flight), ¶¶10-13.