On Point

State v. Dennis Moslavac, 230 Wis. 2d 338, 602 N.W.2d 150 (Ct. App. 1999) For Moslavac: Michael S. Holzman. Issue/Holding: The knock-and-announce rule does not apply when the target premises are unoccupied. Police have authority to forcibly execute a search warrant when the premises are unoccupied. It follows that the knock-and-announce rule doesn’t apply to […]

State v. Domingo G. Ramirez, 228 Wis.2d 561, 598 N.W.2d 247 (Ct. App. 1999) For Ramirez: Donald T. Lang, SPD, Madison Appellate. Holding: When the state searches mail prior to delivery to a residence, and the addressee is not a resident, that person has a (“minimal”) burden of establishing some reasonable expectation of privacy in the […]

Tayr Kilaab Al Ghashiyah (Kahn) v. McCaughtry, 230 Wis.2d 587, 602 N.W.2d 307 (Ct. App. 1999) For Kahn: Walter W. Stern. Issue: Whether a prison inmate may be strip-searched, under the fourth amendment, upon being taken to or from segregation. Holding: “(W)e conclude that a prison inmate in segregation status does not possess a reasonable expectation […]

State v. Robert E. Frankwick, 229 Wis.2d 406, 599 N.W.2d 893 (Ct. App. 1999) For Frankwick: Wendy A. Patrickus Issue/Holding: Frankwick’s truck was ordered seized and forfeited, per § 346.65(6), following OWI convictions. However, someone had perfected a lien, the day before the convictions, and the trial court voided the lien after concluding that it had […]

State v. Louis Taylor, 226 Wis.2d 490, 595 N.W.2d 56 (Ct. App. 1999) For Taylor: Donald T. Lang, SPD, Madison Appellate. Holding: Taylor walked out the back door as police were knocking on the front door to execute a warrant for someone else, in an area described as “high drug … high gang.” The police were […]

State v. Curtis M. Agacki, 226 Wis.2d 349, 595 N.W.2d 31 (Ct. App. 1999) For Agacki: John M. Carroll. Issue: “(W)hether whether the psychotherapist-patient privilege can prevent a police officer, at a suppression motion hearing, from testifying about a psychotherapist’s account of a patient’s disclosure, which provided the basis for the officer’s probable cause to search […]

State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999) For Betow: James C. Murray Issue/Holding: The police didn’t have reasonable suspicion to extend a routine stop for speeding based on the following: the driver’s wallet was adorned with a picture of a mushroom, coupled with the officer’s experience that the depiction […]

State v. Tartorius Allen, 226 Wis.2d 66, 593 N.W.2d 504 (Ct. App. 1999) For Allen: Steven D. Phillips, SPD, Madison Appellate. Holding: Allen and his companion being in a high-crime area, standing alone, would not be enough to create reasonable suspicion. A brief contact with a car, standing alone, would not be enough to create […]

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. Holding: Longcore was stopped because his rear window was missing (it had been replaced with a plastic sheet). […]

State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999) For Betow: James C. Murray. Issue/Holding: There is no question that a police officer may stop a vehicle when he or she reasonably believes the driver is violating a traffic law; and, once stopped, the driver may be asked questions reasonably […]