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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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Attenuation of Taint – Arrest in Home, Payton Violation
State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion For Ferguson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Where the police had undisputed probable cause to arrest Ferguson for disorderly conduct outside her apartment, but entered her apartment without a warrant to arrest her, they acted with “lawful authority” for purposes of obstructing, § 946.41, when […]
Warrantless Entry – Exigent Circumstances, Generally
State v. Antonio K. Phillips, 2009 WI App 179, PFR filed 11/25/09 For Phillips: Michael J. Backes Issue/Holding: ¶8 There are four exigent circumstances that may justify a warrantless search: “(1) an arrest made in ‘hot pursuit,’ (2) a threat to safety of a suspect or others, (3) a risk that evidence will be destroyed, and […]
Warrantless Entry of Residence – Exigent Circumstances, Generally
State v. Kevin Raphael Lee, 2009 WI App 96, PFR filed 7/1/09 For Lee: Robert E. Haney Issue/Holding: Warrantless entry of residence is supported when the State demonstrates both probable cause and exigent circumstances, ¶7. Exigent circumstances include: (1) hot pursuit of suspect; (2) threat to someone’s safety; (3) risk of evidence destruction; and (4) likelihood suspect […]
Arrest – Search Incident – Search Incident to Arrest – Warrantless Blood Test – Generally
State v. Mitchell A. Lange, 2009 WI 49, reversing unpublished opinion For Lange: Steven M. Cohen Issue/Holding: ¶2 We are asked to determine whether a law enforcement officer complied with the Fourth Amendment to the United States Constitution when obtaining a blood sample from the defendant without a warrant to do so. Our prior cases establish that […]
Recusal – Judicial Bias: Objective Bias, Generally
State v. Brian K. Goodson, 2009 WI App 107 For Goodson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶9 Objective bias can exist in two situations. The first is where there is the appearance of bias, Gudgeon, 295 Wis. 2d 189, ¶¶23-24. “[T]he appearance of bias offends constitutional due process principles whenever a reasonable person—taking into […]
Recusal – Judicial Bias – Prejudgment of Issue: Effectuated Threat to Impose Maximum upon Revocation
State v. Brian K. Goodson, 2009 WI App 107 For Goodson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The reconfinement judge should have recused himself, given that at original disposition he threatened to impose the maximum if the defendant was returned to court on revocation; State v. Gudgeon, 2006 WI App 143, deemed controlling: ¶12 The same […]
Search & Seizure – Applicability of Exclusionary Rule: Private Government Search – Off-Duty Police Officer Acting in Private Capacity – Viewing Memory Stick Containing Child Pornography
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding1: Viewing of memory stick, concededly obtained in “private” search not covered by 4th amendment, ¶13 n. 6, by off-duty police lieutenant who was defendant’s brother-in-law, was not a “government search”: ¶14 “Private searches are not subject to the Fourth Amendment’s […]
Search & Seizure – Applicability of Exclusionary Rule: Seizure and Detention by Private Security Guard
State v. Paul Anthony Butler, 2009 WI App 52, PFR filed 4/20/09 For Butler: Trisha R. Stewart Martin Issue/Holding: Seizure and detention by security guard, until police arrived to conduct search, didn’t amount to government action so as to trigger 4th amendment analysis, under 3-factor test of State v. Tomas Payano-Roman, 2006 WI 47: ¶14 As we see from Butler’s […]
Judicial Substitution, § 971.20(5) – Request Must Be Made before Determination of Guilt
State v. William Allen Wisth, 2009 WI App 53, PFR filed 4/29/09 For Wisth: Jeremy Perri, SPD, MilwaukeeAppellate Issue/Holding: Defendant not entitled to request substitution of judge assigned to sentencing following revocation; § 971.20(5) is limited to pre-guilt phases: ¶14 We conclude that the plain meaning of Wis. Stat. § 971.20(5) is that substitution is permitted only prior […]
Administrative Searches – School Search – School Grounds Extended to Parking Lot
State v. Colin G. Schloegel, 2009 WI App 85 For Schloegel: Sarvan Singh Issue/Holding1: School grounds are extended to the school parking lot, so that the test for searches of students, New Jersey v. T.L.O., 469 U.S. 325 (1985), applies to search of a student’s car parked in the lot, ¶¶15-19. Issue/Holding2: Search of student’s car in school […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.