On Point: 35. Search & Seizure

State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999)
For Zivcic: John J. Carter

Issue/Holding: A sheriff’s deputy has authority to arrest in a city located in the county.

Easy enough. Plus, there’s significant authority allowing a an officer to peform an out-of-jurisdiction arrest under a “citizen’s arrest” rationale: see State v. James W. Keith, 2003 WI App 47 (discussion of point,

State v. Michael M. Longcore (I), 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999), affirmed by equally divided vote, 2000 WI 23, 233 Wis. 2d 278, 607 N.W.2d 620
For Longcore: William E. Schmaal, SPD, Madison Appellate.

Issue/Holding: An officer stopped Longcore’s car because his back window had been replaced with a plastic covering. The trial court ruled that this was a permissible temporary stop but the court of appeals holds that the officer wasn’t conducting a temporary,

State v. Timothy M. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387, cert. denied, __ U.S. __ (1999), reversing, 218 Wis.2d 508, 582 N.W.2d 37 (Ct. App. 1998)
For Secrist: Patrick M. Donnelly, SPD, Madison Appellate.

Issue/Holding:

The issue presented to the court is whether the odor of a controlled substance may provide probable cause to arrest,

State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999)
For Wilson: Martha A. Askins, SPD, Madison Appellate.

Issue/Holding:

Ison lacked probable cause to arrest Wilson when he refused to allow Wilson to use the bathroom because at that time, Ison could not identify Wilson as the source of the marijuana odor emanating from the basement. The Wisconsin Supreme Court recently held that “the odor of a controlled substance provides probable cause to arrest when the odor is unmistakable and may be linked to a specific person or persons because of the circumstances in which the odor is discovered or because other evidence links the odor to the person or persons.”State v.

State v. Mata, 230 Wis.2d 567, 602 N.W.2d 158 (Ct. App. 1999)
For Mata: Daniel P. Murray.

Issue: Whether the police had probable cause to search the passenger of a stopped car, based on the odor of “raw” marijuana.

Holding: The odor of marijuana was sufficiently linked to the passenger to justify the search.

The police stopped a car because it didn’t have a front plate.

State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999)
For Wilson: Martha A. Askins, SPD, Madison Appellate.

Holding: After unlawfully intruding on a home’s curtilage and smelling marijuana burning inside the home, an officer approached Wilson and wouldn’t let him go to the bathroom without first patting him down. This, the court says, amounted to an arrest under State v. Swanson, 164 Wis. 2d 437,

State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999)
For Wilson: Martha A. Askins, SPD, Madison Appellate.

Holding: Consent to search was mere acquiescence and therefore involuntary. (“Depriving a defendant of necessities is an indicia that consent is involuntary.”)

County of Jefferson v. Renz, 231 Wis.2d 293, 603 N.W.2d 541 (1999), reversing Jefferson Co. v. Renz, 222 Wis. 2d 424, 588 N.W.2d 267 (Ct. App. 1988)
For Renz: Stephen E. Mays.

Issue: Whether an officer is required to have probable cause to arrest before asking a suspect to submit to a preliminary breath test.

Holding: The “overall scheme” allows an officer to use a PBT to determine whether to arrest a suspect,

State v. Lance Terry Konrath, 218 Wis.2d 290, 577 N.W.2d 601 (1998), affirming unpub. decision
For Konrath: Ralph A. Kalal

Issue/Holding: Forfeiture statute § 346.65(6) authorizes a civil, remedial in rem proceeding, and is not facially unconstitutional; because the statute is civil, double jeopardy doesn’t apply; the proceeding provides sufficient notice to satisfy due process (with caution that immediate seizure appropriate in certain circumstances).

State v. Walter A. Kirch, 222 Wis. 2d 598, 587 N.W.2d 919 (Ct. App. 1998)
For Kirch: Timothy J. Gaskell

Issue/Holding:

The federal courts continue to consider possession, title, control and financial stake when determining ownership under 21 U.S.C. § 881(a)(7). … We therefore consider these factors when determining ownership for the purposes of § 973.075(1)(b)2, Stats.

While Sharon Kirch is listed on the Chevrolet Suburban’s title as the owner,