On Point blog, page 104 of 104
Attenuation of Taint — In-Court Identification, Witness’s Independent Recollection
State v. David J. Roberson, 2006 WI 80, affirming 2005 WI App 195
For Roberson: Richard D. Martin, SPD, Madison Appellate
Issue/Holding:
¶34 An in-court identification is admissible, therefore, if the court determines that the identification is based on an independent source. … In other words, the in-court identification must rest on an independent recollection of the witness’s initial encounter with the suspect.
Reasonable Suspicion – Stop – Basis – Vehicle: Armed Robbery Investigation
State v. Anthony Harris, 206 Wis. 2d 243, 557 N.W.2d 245 (1996), reversing unpublished decision of court of appeals
For Harris: Robert J. Diaz
Issue/Holding:
The only specific and articulable facts of the record before us, namely that a vehicle pulled away from the curb close to the robbery suspect’s address, and that the vehicle contained several black males, do not amount to reasonable,
Expectation of Privacy — Automobile Passenger — “Standing” to Challenge Stop
State v. Anthony Harris, 206 Wis. 2d 243, 557 N.W.2d 245 (1996), reversing unpublished decision of court of appeals
For Harris: Robert J. Diaz
Issue: Whether passenger who is not target of vehicle stop has standing to challenge its lawfulness.
Holding:
… [M]ost of the federal circuit courts have held that a traffic stop of a vehicle constitutes a seizure of any of the passengers.
Reasonable Suspicion – Frisk – High-Crime Area, et al.
State v. Michael T. Morgan, 197 Wis. 2d 200, 539 N.W.2d 887 (1995)
For Morgan: Wm. J. Tyroler, SPD, Milwaukee Appellate; Calvin Malone
Issue/Holding:
… The court of appeals then held that the search of Morgan was supported by articulable facts in the record, including the “fairly-high-crime-rate area”; Morgan’s driving in two alleys at approximately 4:00 a.m.; Morgan’s nervous and unsuccessful efforts to produce a driver’s license upon request;