On Point blog, page 127 of 142
Administrative Searches – Inventory – Existence of Police Policy Goes to Search, not Seizure
State v. Timothy T. Clark, 2003 WI App 121
For Clark: Rodney Cubbie
Issue/Holding: Existence of, and compliance with, a police policy on conducting an inventory search relates only to the reasonableness of the search and not the seizure of the item searched:
¶11. Here, the State contends that the search of the vehicle was a valid inventory search. “Although an inventory search is a ‘search’
Search & Seizure – Applicability of Exclusionary Rule – Violation of Nonconstitutional Right – Investigative Stop Outside Officer’s Jurisdiction
State v. James W. Keith, 2003 WI App 47, PFR filed 3/5/03
For Keith: Christopher A. Mutschler
Issue/Holding: Evidence not suppressible merely because seized by officer effectuating stop outside of his or her jurisdiction: there is no “reason to ignore the well-established rule that suppression is required only when evidence is obtained in violation of a constitutional right or in violation of a statute providing suppression as a remedy,”
Warrants – Probable Cause – Expertise of Supporting Officer
State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89For Multaler: Jeffrey W. Jensen
Issue/Holding:
¶43. This court has explained on at least one prior occasion that both the experience and special knowledge of police officers who are applying for search warrants are among the facts that the warrant-issuing court may consider.
Warrants – Staleness – Serial Homicides
State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89
For Multaler: Jeffrey W. Jensen
Issue/Holding: Multaler seeks suppression of pornographic images found by the police while executing a search warrant for evidence of serial homicides committed more than 20 years earlier – in other words, that the information was too stale to support probable cause.
Reasonable Suspicion — Stop — Duration — Prolonged by Procurement and Execution of Warrant
State v. Bradley J. Vorburger, 2002 WI 105, reversing 2001 WI App 43
For Vorburger: David D. Cook
Issue1: Whether the detention of suspect Becker in a motel hallway, while the police sought and then executed a search warrant for a room, was unnecessarily prolonged so as to amount to an arrest (unsupported by probable cause), where Becker was detained over an hour,
Reasonable Suspicion – Frisk – Inside Residence
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02
For Stout: James L. Fullin, Jr., SPD, Madison Appellate
Issue: Whether the police had reasonable suspicion to frisk inside a residence, based on an anonymous tip of drug activity coupled with corroboration of certain details and a furtive gesture.
Holding: Although investigative stops must be made in public (and not in a residence), the police may frisk occupants after gaining lawful entry to a residence,
Reasonable Suspicion – Frisk – Warrant Execution – Visitor to Residence
State v. Justin Kolp, 2002 WI App 17
For Kolp: Jennifer L. Abbott
Issue: Whether the police had a reasonable suspicion to frisk Kolp, when he showed up at a residence during execution of a search warrant for evidence of possession of marijuana and which authorized the search of all persons present on the premises.
Holding: Given case law recognition that execution of a search warrant for drugs may give rise to sudden violence (citing State v.
Reasonable Suspicion – Enter Home without Warrant
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02
For Stout: James L. Fullin, Jr., SPD, Madison Appellate
Issue/Holding:
¶14. … (T)he United States Supreme Court has never held that a warrantless entry into a private residence may be justified by a Terry investigatory stop based on reasonable suspicion provided by an informant’s tip. To the contrary, the Supreme Court extended the Terry doctrine’s reasonable suspicion standard within the confines of a dwelling only when lawful entry had already been obtained.
Suppression Hearing – State’s Waiver
State v. Harold C. Mikkelson, 2002 WI App 152
For Mikkelson: Michael Yovovich, SPD, Madison Appellate
Issue: Whether the state waived an appellate argument in opposition to suppression by not raising it at the suppression hearing.
Holding:
¶14 “The waiver rule serves several important objectives. Raising issues at the [circuit] court level allows the …. court to correct or avoid the alleged error in the first place,
Warrants – “Franks”
State v. Jeffrey L. Loranger, 2002 WI App 5, PFR filed 1/22/02
For Loranger: Richard B. Jacobson, James C. Murray
Issue: Whether the search warrant was based on intentionally or recklessly false averments, Franks v. Delaware, 438 U.S. 154 (1978).
Holding:
¶23. Viewing the totality of the circumstances, we conclude that the issuing court commissioner had a substantial basis for concluding that probable cause existed.