On Point: 35. Search & Seizure

State v. Charles A. Wallace, 2002 WI App 61
For Wallace: Martha K. Askins, SPD, Madison Appellate

Issue: Whether an arrest for a traffic stop, lawful at inception, was unlawfully prolonged in order to obtain the driver’s consent to a strip search not reasonably related to the traffic violation.

Holding: This issue is “closely related” to one raised in State v. Gaulrapp,

State v. Charles A. Wallace, 2002 WI App 61
For Wallace: Martha K. Askins, SPD, Madison Appellate

Issue: Whether Wallace voluntarily consented, or merely acquiesced, to a strip search following arrest for a minor traffic violation.

Holding:

¶19. The police made their request during the booking process and before Wallace’s bond had been posted. We concur with the circuit court’s conclusion that thirty minutes,

State v. John Tomlinson, Jr., 2002 WI 91, affirming 2002 WI App 212, 247 Wis. 2d 682, 635 N.W.2d 201
For Tomlinson: John J. Gray

Issue: Whether the actions of the defendant’s minor daughter, in opening the door to the police and then walking back into the house when they asked for permission to enter, amounted consent for the police to enter.

State v. John Tomlinson, Jr., 2002 WI 91, affirming 2002 WI App 212, 247 Wis. 2d 682, 635 N.W.2d 201
For Tomlinson: John J. Gray

Issue: Whether the police had consent from a minor to enter the defendant’s home in order to arrest him.

Holding: Warrantless entry of a home to effectuate an arrest requires probable cause and exigent circumstances or consent.

Village of Little Chute v. Todd A. Walitalo, 2002 WI App 211, PFR filed 8/1/02
For Walitalo: Ralph A. Kalal

Issue/Holding:

¶11. However, the arresting officer, by reading the informing the accused form, simply stated the truth: If Walitalo refused to submit to a chemical test, his driving privileges would be revoked. This statement did not involve any deceit or trickery, but instead accurately informed Walitalo of his precise legal situation. 

State v. Charles A. Wallace, 2002 WI App 61
For Wallace: Martha K. Askins, SPD, Madison Appellate

Issue: Whether Wallace’s consent for a strip search encompassed the more intrusive body cavity search that ensued (Wallace bent over and spread his buttocks).

Holding:

¶29. We have concluded that Wallace voluntarily consented to a strip search, and the parties agree that a visual body cavity search was ultimately conducted.

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 must have reasonable suspicion before seeking consent to enter a residence.

Holding:

¶17. We hold that there is no Fourth Amendment requirement of reasonable suspicion as a prerequisite to seeking consent to enter a dwelling. We find support for this holding in federal automobile search cases.

State v. Tina M. Miller, 2002 WI App 150, PFR filed 6/3/03
For Miller: Timothy A. Provis

Issue/Holding: Based on evidence that the dog had been trained in drug detection, the police had probable cause to search the automobile once the dog alerted them, including probable cause to search a purse within the car. ¶¶12-15

But, keep in mind this potentially important limitation,

State v. Dennis L. Daggett, 2002 WI App 32, PFR filed 1/10/02
For Daggett: Julie A. Smith

Issue: Whether a warrantless draw of blood, following OWI arrest, is necessarily unreasonable if performed at the jail rather than hospital.

Holding: There is no bright-line rule that a blood draw must be made in a hospital setting to be constitutionally reasonable. Instead, there is “a spectrum of reasonableness”: blood withdrawn by a medical professional in a medical setting is generally reasonable;

State v. Jay D. Krajewski, 2002 WI 97, affirming unpublished decision of court of appeals
For Krawjewski: Christopher A. Mutschler

Issue/Holding:

¶3. … (A) warrantless nonconsensual blood draw from a person arrested on probable cause for a drunk driving offense is constitutional based on the exigent circumstances exception to the warrant requirement of the Fourth Amendment, even if the person offers to submit to a chemical test other than the blood test chosen by law enforcement,