On Point blog, page 95 of 142
Consent to Search
State v. Robert L. Stokes, 2009AP919-CR, District 1, 2/1/11
court of appeals decision (3-judge, not recommended for publication); for Stokes: John M. Bolger; case activity; Stokes BiC; State Resp.; Reply
Given trial court credibility findings, the resident’s consent to the police to enter and search was voluntary.
¶19 Finally, we are not convinced by Robert’s argument that the trial court erred in denying his suppression motion regardless of whether Deborah’s consent was valid because police had no lawful reason to be in the Stokes’ yard and on their porch.
Reasonable Suspicion – Traffic Stop – Informant’s Tip
State v. Joshua J. Hysell, 2010AP1817-CR, District 4, 1/27/11
court of appeals decision (1-judge, not for publication); for Hysell: John Smerlinski; case activity; Hysell BiC; State Resp.
Phoned tip by driver who gave his name and described the subject vehicle as “all over the road” held sufficiently reliable to support reasonable suspicion for stop.
Because the informant gave his name,
Search & Seizure – Community Caretaker
State v. Ashley M. Toliver, 2010AP484-CR, District 2, 1/26/11
court of appeals decision (3-judge, not recommended for publication); for Toliver: Elizabeth Ewald-Herrick; case activity
Community caretaker doctrine supported, in the first instance, search of seemingly lost purse found in common area of apartment building; and, in the second, entry of apartment after co-inhabitant requested officer to lock it up, as he was being transported for medical care.
State v. Eric W. Sagen, 2010AP2119-CR, District 4, 1/20/11
court of appeals decision (1-judge, not for publication); for Sagen: Charles W. Giesen, Jessica Jean Giesen; case activity; Sagen BiC; State Resp.; Reply
Traffic Stop – Community Caretaker
A yell from inside a passing truck justified a stop under the community caretaker doctrine.
¶13 We conclude that the facts as found by the circuit court satisfy this objective standard.
State v. Deandre A. Buchanan, No. 2009AP2934-CR, review granted 1/11/11
decision below: unpublished; for Buchanan: Tyler William Wickman; case activity
Issue (formulated by On Point):
Whether, during the course of a routine traffic stop, the police developed reasonable suspicion to believe Buchanan armed and dangerous so as to perform a “protective search” of his car.
The court relied on the following to show reasonable suspicion to believe Buchanan armed and dangerous, during an otherwise routine stop for speeding:
- “furtive movements”
State v. Chad W. Ebert, 2010AP1431-CR, District 2, 1/12/11
court of appeals decision (1-judge, not for publication); for Ebert: Chad A. Lanning; case activity; Ebert BiC; State Resp.; Reply
Consent-Based Entry
¶7 The Fourth Amendment’s warrant requirement does not apply when police have consent to enter a dwelling. State v. Douglas, 123 Wis. 2d 13, 18, 365 N.W.2d 580 (1985). The issue in this appeal is whether Ebert’s uncle consented to the search of Ebert’s residence,
Traffic Stop – Speeding
State v. Thomas R. Paulick, 2010AP1883, District 2, 1/12/11
court of appeals decision (1-judge, not for publication); for Paulick: Robert C. Raymond; case activity; Paulick BiC; State Resp.; Reply
The officer’s conclusion of speeding may be based on a visual estimate “while looking in his rear view mirror,” ¶8, citing City of Milwaukee v.
Confrontation – Generally – Forfeiture by Wrongdoing – Harmless Error; Other Acts Evidence: Pornography (& Intent to Kill); Consent to Search; Judicial Bias
State v. Mark D. Jensen, 2011 WI App 3; prior history: 2007 WI 26; for Jensen: Terry W. Rose, Christopher William Rose, Michael D. Cicchini; case activity; (Jensen BiC not posted); State Resp.; Jensen Reply
Confrontation – Generally
The Confrontation Clause regulates testimonial statements only, such that nontestimonial statements are excludable only under hearsay and other evidence-rule ¶¶22-26,
Search Incident to Arrest: Automobile
State v. Tracy Smiter, 2011 WI App 15; for Smiter: Mayaan Silver; case activity; Smiter BiC; State Resp.; Reply
During a routine traffic stop, passenger Smiter threw out of the window a substance the officer concluded was a marijuana blunt. Smiter was arrested for possession of marijuana (he concedes on appeal probable cause for the arrest) and the car then searched,
Maintaining Drug Trafficking Place, / Possession with Intent to Deliver, PTAC- Insufficient Proof
State v. John M. Eaton, 2010AP1170-CR, District 4, 12/23/10
court of appeals decision (1-judge, not for publication); for Eaton: Chad A. Lanning; case activity; Eaton BiC; State Resp.; Reply
Traffic stop upheld where: “vehicle weave(d) in a pronounced manner within tis own lane of traffic”; vehicle came to complete stop at yellow blinking light (something officer testified was “possible indicia of impaired driving”;