On Point: 35. Search & Seizure

State v. Wilton Tye, 2001 WI 124
For Tye: Mark D. Richards, Christy M. Hall

Issue: Whether evidence seized under a search warrant, invalid on its face because unsupported by oath or affirmation, is covered by the good faith exception.

Holding:

¶24. Fourth and finally, the State asks this court to allow admission of the seized evidence under a good-faith exception to the exclusionary rule.

State v. Wilton Tye, 2001 WI 124
For Tye: Mark D. Richards, Christy M. Hall

Issue: Whether evidence seized under a search warrant unsupported by oath or affirmation must be suppressed.

Holding: The requirement that a search warrant be supported by oath or affirmation is an explicit and long-standing feature of both state and federal constitutions, as well as legislation, and is essential to the warrant’s validity.

City of Milwaukee v. Sammie L. Glass, 2001 WI 61, affirming 2000 WI App 252, 239 Wis. 2d 373, 620 N.W.2d 213

Issue/Holding:

¶19 Considering the aims and objects of a Wis. Stat. § 968.20 action and the procedure set forth in Wis. Stat. § 968.20, we conclude that Wis. Stat. § 968.20 establishes an in rem proceeding. The court reached this same conclusion in a recent case.8

¶20 We now turn to whether the plaintiff may obtain monetary damages from the City in this proceeding under Wis.

State v. Carlos Perez, 2001 WI 79, reversing State v. Perez, 2000 WI App 115, 235 Wis. 2d 238, 612 N.W.2d 374
For Perez: R. Douglas Stansbury

Issue/Holding:

¶1 … The issue presented is whether a person who is convicted of carrying a concealed and dangerous weapon under Wis. Stat. § 941.23 (1997-98) has ‘committed a crime involving the use of the dangerous weapon,’

State v. Kelsey C.R., 2001 WI 54
For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate

Issue: Whether Kelsey’s detention was prolonged beyond its proper purpose.

Holding: The operative principle is settled: “an investigative detention … must last only long enough to fulfill the purpose of the stop.” ¶44. Applying that principle — (3-vote lead opinion:) The purpose of the stop was to dispel the idea that she was up to criminal activity;

State v. Kelsey C.R., 2001 WI 54
For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate

Issue: Whether the police seizure of Kelsey, after she fled upon encountering them, was based on reasonable suspicion that she had committed, or was about to commit, a crime.

Holding: (Lead, 3-vote opinion:)

¶42 … Upon de novo review, we conclude that the circuit court’s determination that Kelsey’s appearance,

State v. Charles J. Hajicek, 2001 WI 3, 240 Wis. 2d 349, 620 N.W.2d 781, reversing 230 Wis. 2d 697, 602 N.W.2d 93 (Ct. App. 1999)
For Hajicek: Bruce J. Rosen, Susan C. Blesener

Issue1: Whether a trial court finding that a search conducted jointly by probation and police agents was a police rather than probation search is reviewed deferentially.

Holding:

¶2 ….

State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126
For defendants: Robert R. Henak

Issue: Whether warrantless police entry of a stairway in a multiple unit building was lawful.

Holding: Existence of reasonable expectation of privacy in a stairway leading to the upper levels of a dwelling is decided case-by-case, rather than under bright-line rule.

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,

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,