On Point blog, page 131 of 141
Reasonable Suspicion – Frisk – Placing Person in Police Squad
State v. Robert F. Hart, 2001 WI App 283
For Hart: John Deitrich
Issue: Whether the need to transport in a police vehicle a person, who is not in custody, is itself an exigency justifying a pat-down search for weapons.
Holding:
¶17. … With five members of the court declining to adopt a per ser rule, the law in Wisconsin is that the need to transport a person in a police vehicle is not,
Suppression Hearing – Riverside Hearing – Factual Misrepresentation
State v. Eddie McAttee, 2001 WI App 262
For McAttee: Russell D. Bohach
Issue: Whether the Riverside probable cause finding was tainted by a factual misrepresentation (specifically, that McAttee had been implicated by a “coconspirator”) in the police report submitted in support of continued detention.
Holding: Though describing the informant as a coconspirator “may have been legally inexact, it also may have accurately conveyed the police’s understanding,
Warrants – Good-Faith Exception – Remand for Determination
State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01
For Marquardt: James B. Connell
Issue: Whether evidence seized under a warrant defective because unsupported by probable cause may be admissible under the good-faith doctrine.
Holding: Given that, subsequent to trial-level litigation, the supreme court recognized the good-faith exception to the exclusionary rule, in State v. Eason, 2001 WI 98,
Warrants – Probable Cause
State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01
For Marquardt: James B. Connell
Issue: Whether the search warrant was supported by probable cause.
Holding:
¶18. …. The State points to several facts in the affidavits: (1) Mary’s telephone was off the hook the day she was killed, suggesting “that the perpetrator had been inside the residence”; (2) Mary was shot and stabbed,
Warrants – Failure to Make Contemporaneous Record of Telephonic Application – Reconstruction of Application
State v. Cherise A. Raflick, 2001 WI 129
For Raflik: Michael J. Fitzgerald, Dean A. Strang
Issue/Holding:
¶1. This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12(3)(d)1, and when the factual basis for the warrant is reconstructed in an ex parte hearing after the warrant has been executed.
Expectation of Privacy — Property or Possessory Interest Necessary
State v. Derrick Benton, 2001 WI App 81
For Benton: James Kachelski.
Issue: Whether the defendant can challenge seizure of property from an auto where he claimed no ownership or possessory interest in either the auto or the seized property.
Holding:
¶11 Although the trial court upheld the search of the car in which Benton was riding as one incident to either an arrest or as an inventory search,
Reasonable Suspicion – Stop – Basis – Unidentified Cell Phone Caller
Paul Rutzinski, 2001 WI 22, affirming unpublished opinion of court of appeals
For Rutzinski: Craig A. Mastantuono, Maureen Fitzgerald
Issue: Whether an unidentified motorist’s cell phone report of suspicious driving justified a stop.
Holding:
¶38 In sum, we hold that the tip in this case provided sufficient justification for an investigative stop of Rutzinski. First, the tip contained sufficient indicia of the informant’s reliability: the information in the tip exposed the informant to possible identification and,
Reasonable Suspicion – Stop – Basis – anonymous tip
State v. Roosevelt Williams, 2001 WI 21, on remand, 529 U.S. 1050 (2000), previous history: State v. Roosevelt Williams, 225 Wis. 2d 159, 591 N.W.2d 823 (1999); State v. Williams, 214 Wis. 2d 412, 570 N.W.2d 892 (Ct. App. 1997)
For Williams: Melinda Swartz, SPD, Milwaukee Appellate.
Issue: “(W)hether an anonymous tip containing a contemporaneous report of drug trafficking,
Reasonable Suspicion – Stop – Basis: “Drug Crime” Area, Lateness of Hour, Nervousness
State v. Christopher Gammons, 2001 WI App 36
For Gammons: Keith A. Findley, LAIP
Issue/Holding: Police did not have reasonable suspicion to continued detention for a routine traffic problem after the purpose of the stop was fulfilled:
¶21 In evaluating reasonable suspicion, we must examine whether all the facts, when taken together, could constitute a reasonable suspicion. State v. Allen,
Reasonable Suspicion – Stop – Basis – Automobile – Investigate Earlier Crime
State v. Alisha M. Olson, 2001 WI App 284
For Olson: Daniel P. Fay
Issue: Whether the police had reasonable suspicion to make a traffic stop to investigate the driver for a burglary two days earlier.
Holding:
¶8. In the present case, we find sufficient facts to give rise to a reasonable suspicion that Olson had committed a crime. The Waukesha County Sheriff’s Department did not pull Olson’s name out of a hat.