On Point blog, page 7 of 7
§ 910.02: Original of Surveillance Tape Required But if Destroyed without Bad Faith, Testimony of Contents Allowed, § 910.04(1) – “Unplayable” Tape Tantamount to Destroyed
State v. William Troy Ford, 2007 WI 138, affirming unpublished decision
For Ford: Ralph J. Sczygelski
Issue/Holding: A surveillance tape that became unplayable was “destroyed” within the meaning of § 910.04(1), and its contents could be testified to by pre-destruction viewers:
¶68 We are satisfied that where a tape is damaged and unplayable, the proponent of the evidence makes reasonable efforts to restore the tape to playability,
Privileges – Honesty Testing, § 905.065(1)): “Totally Discrete” Statement
State v. Keith A. Davis, 2008 WI 71, on Certification
For Davis: Chris A. Gramstrup
Issue/Holding1: Admissibility of a statement made in connection with a voice stress analysis (or other form of “honesty test”) turns on whether the statement is “totally discrete” from the testing procedure as gauged by the following factors:
¶23 Under the totality of the circumstances, we conclude that Davis’s statement was not so closely associated with the voice stress analysis test so as to render it one event;
Reasonable Suspicion – Frisk – Minor Traffic Violation
State v. Jose C. McGill, 2000 WI 38, 234 Wis. 2d 560, 609 N.W.2d 795, affirming unpublished decision
For McGill: Steven P. Weiss, SPD, Madison Appellate
Issue: Whether the officer had reasonable suspicion to believe McGill armed and dangerous, and therefore to frisk him, following a routine traffic stop.
Holding: Judged by the requisite objective test, the frisk was justified, given that: the driver didn’t stop immediately;