On Point: 35. Search & Seizure

State v. Lance R. Ward, 2000 WI 3, 231 Wis.2d 723, 604 N.W.2d 517, reversing 222 Wis. 2d 311, 588 N.W.2d 645
For Ward: Daniel P. Dunn

Issue: Whether the search warrant established probable cause despite the absence of an explicit connection between the owner’s alleged drug dealing and his residence.

Holding: The supporting affidavit’s assertion that the defendant was a drug supplier “who lives on Rocye”

State v. Keith Schroeder, 2000 WI App 128, 237 Wis.2d 575, 613 N.W.2d 911
For Schroeder: Kevin D. Musolf

Issue/Holding: Inspection of child pornography on a computer, found during a warrant-authorized search of a computer for unrelated material, was in plain view so as to be subject to seizure without a separate warrant:

13            In order for the plain view doctrine to apply:  “(1) the evidence must be in plain view;

State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238
For Oswald: James L. Fullin, Jr., SPD, Madison Appellate

Issue: Whether a search of documents exceeded the scope of a warrant authorizing a search for currency, among other things.

Holding: Because the warrant authorized a search for currency, the officers were allowed to look through documents where bills could have been hidden,

State v. William W. Boyd, 2000 WI App 208, 238 Wis.2d 693, 618 N.W.2d 251

Issue: Whether forfeiture of the entire value of a $28,000 vehicle which transported a weapon used in a crime was excessive, especially in light of the maximum fine of $10,000 for the crime.

Holding: Applying the proportionality test mandated by United States v. Bajakajian, 524 U.S.

State v. Bruce E. Black, 2000 WI App 175, 238 Wis.2d 203, 617 N.W.2d 210
For Black: William E. Schmaal, SPD, Madison Appellate

Issue/Holding:

¶1 … When a person provides oral identification to a police officer conducting a Terry stop and request for identification, may the officer perform a limited search for identifying papers when the information provided is not confirmed by police records?

State v. Bruce E. Black, 2000 WI App 175, 238 Wis.2d 203, 617 N.W.2d 210
For Black: William E. Schmaal, SPD, Madison Appellate

Issue: Whether the “collective knowledge” doctrine applies when the information in the possession of one police officer is not in fact communicated to another officer.

Holding: ¶17 n. 4:

(I)n order for the collective-information rule to apply, such information must actually be passed to the officer before he or she makes an arrest or conducts a search.

State v. Michael A. Sisk, 2001 WI App 182
For Sisk: Elvis Banks

Issue: Whether the police had reasonable suspicion to stop, based on information from a 911 call made from a payphone by an informant who provided nothing other than a name by way of identifying himself.

Holding:

¶8. Here, because the caller gave what he said was his name, the trial court erred in viewing the call as an anonymous one.

State v. Lawrence J. Fields, 2000 WI App 218, 239 Wis.2d 38, 619 N.W.2d 279
For Fields: Daniel Goggin

Issue: Whether the police stop of a car, merely because it had lingered at a stop sign for a few seconds, was supported by reasonable suspicion.

Holding: To ask the question is to answer it. This was, at least in the cop’s mind, a case of premature evasion.

State v. Roosevelt Williams, 2001 WI 21, on remand from U.S. S.Ct., 529 U.S. 1050 (2000), previously reported: 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: Whether the police had reasonable suspiciion to conduct a “protective search”

State v. Robert C. Knight, 2000 WI App 16, 232 Wis.2d 305, 606 N.W.2d 291
For Knight: Scott B. Taylor.

Issue: Whether the seizure of files earmarked for destruction by a disbarred attorney violated the fourth amendment.

Holding: The files, which the disbarred attorney had turned over to a third party for destruction, had been abandoned and therefore no search and seizure occurred within the meaning of the fourth amendment.