On Point blog, page 128 of 143
Exigency — Blood Alcohol — Probable Cause as Substitute for Actual Arrest
State v. Cara A. Erickson, 2003 WI App 43, PFR filed
Issue: Whether a warrantless draw of blood satisfies State v. Bohling, 173 Wis. 2d 529, 533- 34, 494 N.W.2d 399 (1993) where there is probable cause but not an actual arrest.
Holding:
¶12. .. (I)n the absence of an arrest, probable cause to believe blood currently contains evidence of a drunk-driving-related violation or crime satisfies the first prong of Bohling.
Search & Seizure – Applicability of Exclusionary Rule — violation of nonconstitutional right prison discipline
State v. Joseph Steffes, 2003 WI App 55, PFR filed 3/13/03
For Steffes: Daniel P. Ryan
Issue/Holding: Violation of administrative code provision does not support suppression. ¶¶9, 25.
But: this decision was based largely on State ex rel. Peckham v. Krenke, 229 Wis. 2d 778, 601 N.W.2d 287 (Ct. App. 1999), a case that was essentially overruled by State v.
Administrative Searches — CHIPS Investigation
John Doe and Jane Doe v. Heck, 327 F. 3d 492 (7th Cir. 01-3648, 4/16/03)
Issue/Holding: “(T)o the extent § 48.981(3)(c)1 authorizes government officials to conduct an investigation of child abuse on private property without a warrant or probable cause, consent, or exigent circumstances, the statute is unconstitutional.”
Also see Michael C. v. Gresbach, 7th Cir No. 07-1756, 5/19/08: “Today we reiterate Heck’s definitive holding,
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.