On Point: 35. Search & Seizure

State v. Melvin Thompson, 222 Wis. 2d 179, 585 N.W.2d 905 (Ct. App. 1998)
For Thompson: Phillip J. Brehm

Issue/Holding:

No published Wisconsin case has specifically addressed whether one has a reasonable expectation of privacy in a hospital emergency room or operating room. Accordingly, we analyze the question under the general approach for determining whether a person has a reasonable expectation of privacy in an area where evidence is gathered.

Kelly L. McCray, 220 Wis. 2d 705, 583 N.W.2d 668 (Ct. App. 1998)
For McCray: Paul LaZotte

Issue/Holding: A guest who has exceeded his authorized stay loses any expectation of privacy in the residence

State v. Dale Gruen, 218 Wis. 2d 581, 582 N.W.2d 728 (Ct. App. 1998)
For Gruen: Scott F. Anderson

Issue/Holding: Temporary detention of Gruen based on reasonable suspicion that he had caused an automobile accident while intoxicated was not converted into arrest, where the 1st officer detained him for no more than 15 minutes until a 2nd officer, from the appropriate jurisdiction could arrive; and, Gruen consented to sit in the police van to get out of the cold until the 2nd officer arrived.

State v. Luis E. Bermudez, 221 Wis. 2d 338, 585 N.W.2d 628 (Ct. App. 1998)
For Bermudez: Donald T. Lang, SPD, Madison Appellate

Issue/Holding: Consent given following illegal entry was, though, voluntary, the fruit of the illegality:

When applying the attenuation theory, the following must be considered: (1) the temporal proximity of the misconduct and the subsequent consent to search, (2) the presence of intervening circumstances,

State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998)
For Stankus: Steven J. Watson

Issue/Holding: The number of officers present does not, by itself, conclusively demonstrate coercion, but is a factor to consider among others. Thus, consent was validly given following a valid traffic stop that had lasted only 5 to 10 minutes before the police sought consent to search the car.

State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998)
For Stankus: Steven J. Watson

Issue/Holding: Telling the officer that the trunk did not open failed to limit the scope of consent to search the trunk when the driver also said, “you can even look in the trunk”:

His statement that the trunk did not open in no way restricted his initial consent.

State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998)
For Stankus: Steven J. Watson

Issue/Holding: Though the officer had never touched cocaine before, his discovery of a white, flour-like susbtance in clear plastic bags under the seat supported probable cause. And, because he therefore had probable cause to believe the vehicle contained evidence of a crime, he was entitled to search every part of it,

State v. Jason Phillips, 209 Wis.2d 559, 563 N.W.2d 573 (1997), reversing 209 Wis. 2d 559, 563 N.W.2d 573
For Phillips: Arthur B. Nathan

Issue/Holding: Entry into defendant’s bedroom was preceded by a concededly illegal entry into defendant’s living area, in basement of house. The court holds that any taint was dissipated by the time consent was given, though “only a few minutes [had] elapsed.”

State v. Jason Phillips, 209 Wis.2d 559, 563 N.W.2d 573 (1997), reversing State v. Phillips, 209 Wis. 2d 559, 563 N.W.2d 573
For Phillips: Arthur B. Nathan

Holding: Consent to search is question of constitutional (as opposed to historical) fact, and therefore subject to independent review on appeal. Defendant consented to warrantless search of bedroom: agents went to house to investigate drug transaction;

State v. Delano J. O’Brien, 223 Wis.2d 303, 588 N.W.2d 8 (1999), reconsideration denied, 225 Wis.2d 247, 591 N.W.2d 846 (1999), affirming State v. O’Brien, 214 Wis.2d 327, 572 N.W.2d 870 (Ct. App. 1997)
For O’Brien: Martin E. Kohler, John C. Thomure, Jr.

Holding: A search warrant was obtained for O’Brien’s residence (a farmstead including a duplex),