On Point blog, page 132 of 141
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.
Reasonable Suspicion – Stop – Basis – Traffic Offense – Temporary License Sticker, Unseen by P.O.
State v. Christopher Gammons, 2001 WI App 36
For Gammons: Keith A. Findley, LAIP
Issue: Whether an officer may stop a car for not displaying a rear plate, when the car has a temporary license sticker which isn’t seen until after the stop.
Holding:
¶8 While the temporary license sticker in this case may be a better indicator of registration than the ‘license applied for’ sign in [State v.]Griffin[,
Reasonable Suspicion – Stop – Duration – Traffic Offense – Prolonged by Questioning / Seeking Consent to Search
State v. Lawrence A. Williams/State v. Antwon C. Mathews, 2002 WI 94, reversing 2001 WI App 249, 248 Wis. 2d 361, 635 N.W.2d 869
For Williams: Thomas E. Knothe
For Mathews: Peter J. Thompson
Issue: Whether the traffic stop was unnecessarily prolonged so as to amount to an illegal seizure and invalidate consent to search the car.
Reasonable Suspicion — Stop — Duration — Traffic Offense — Running Warrant Check on Passenger, After Purpose of Stop Resolved
State v. Christopher Gammons, 2001 WI App 36
For Gammons: Keith A. Findley, LAIP
Issue: Whether, following stop of a car which seemed not to have plates, identification-related investigation of passenger is permissible once the officer discovers proof (display of temporary sticker) that there is in fact no apparent violation of registration laws.
Holding: A lawful stop doesn’t become an unreasonable seizure merely because the officer asks for the passenger’s identification.
Expectation of Privacy — Guest — Premises Used Primarily for Commercial Purposes
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 a guest temporarily on premises used primarily for commercial purposes had standing to assert suppression of evidence seized after unlawful police entry.
Holding:: Notwithstanding certain language in Minnesota v. Carter, 525 U.S.
Exigency — Hot Pursuit — Entry of Residence — Arrest of 3rd Party
State v. Michael J. Kryzaniak/Sherry L. Kryzaniak, 2001 WI App 44
For Kryzaniak: Raymond G. Meyer II
Issue: Whether warrantless entry of a residence to arrest a third party was justified by the exigent circumstance of hot pursuit.
Holding:
¶18 … (T)here was no immediate or continuous pursuit of a suspect from the scene of a crime; thus, there was no hot pursuit and no exigent circumstances.… There was no pursuit here,
Exigency — Destruction of Evidence (Drugs) — Entry of Residence
State v. Edward Garrett, 2001 WI App 240, PFR filed
For Garrett: Michael P. Sessa
Issue: Whether warrantless entry of defendant’s apartment was justified under the exigent circumstances doctrine (risk that evidence — drugs — will be destroyed).
Holding: Warrantless entry of a residence may be justified where both probable cause and exigent circumstances are shown. Probable cause is conceded, leaving exigent circumstances — in this instance,
Exigent Circumstances – Destruction of Evidence (Drugs) — Entry of Residence
State v. Daniel Rodriguez, 2001 WI App 206, PFR filed 9/19/01
For Rodriguez: Diana Felsmann, SPD, Milwaukee Appellate
Issue: Whether warrantless police entry of a residence was justified under the following circumstances: the location was a drug “hot spot”; before entry, undercover officers saw three people enter and quickly leave; drug arrests had been made at the home two months earlier; and, when the undercover officers approached defendant,
Community Caretaker — Juvenile in High-crime Area
State v. Kelsey C.R., 2001 WI 54
For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate
Issue: Whether, if a seizure did occur when the police told a potentially vulnerable juvenile girl in a high crime area to “stay put,” it was justified under the community caretaker doctrine.
Holding: (Lead, three-vote opinion:) Given the “strong public interest in locating runaway children and juveniles,” along with the perception that “(a) juvenile [such as Kelsey],
Exigency — Community Caretaker — Underage Drinking
State v. Shane M. Ferguson, 2001 WI App 102
For Ferguson: Melinda A. Swartz, SPD, Milwaukee Appellate
Issue: Whether the warrantless, forced police entry of a locked closet was justified under the community caretaker doctrine.
Holding:
¶12 After applying the Anderson test, we are satisfied that the police actions here qualified as ‘community caretaker.’ A search, to qualify as a community caretaker exception,