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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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Reasonable Suspicion – Frisk – High-Crime Area, etc.
State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding: ¶34 Here, the officers were outnumbered and without backup when, following an anonymous tip that drug dealing and drug loitering activities were taking place on the porch of a residence in […]
Frisk – “Plain Touch” – Contraband: Plastic Baggies
State v. Aaron E. Applewhite, 2008 WI App 138, PFR filed 9/19/08 For Applewhite: Pamela Moorshead Issue/Holding: ¶12 The next question before us is whether Bastil’s discovery of contraband in Applewhite’s pockets is supported by the “plain touch” doctrine. When the pat-down itself is based on reasonable suspicion, the “plain feel” or “plain touch” exception to […]
Reasonable Suspicion – Frisk – Scope: Purse
State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding: ¶36 In her final argument, Limon argues that when the officer opened her purse, the search exceeded the scope of a valid weapons frisk under Terry. Although Terry provides only for an officer “to […]
Warrants – Anticipatory Warrant: Not Supported for Verification of Address
State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: Although an “anticipatory” search warrant may be issued to seize property in transit, a warrant may not condition its execution on verification of an address, ¶¶16-24
Search Warrants – Probable Cause – “Nexus” Between “Ancillary Materials” Sought in Arrestee’s Home and Gun-Related Arrest
State v. Juan A. Casarez, 2008 WI App 166 For Casarez: Adam C. Essling Issue/Holding: ¶12 Although Casarez concedes the affidavit establishes probable cause that he committed a crime, he asserts that it contains no evidence to establish that a crime was committed at his home, that the gun was ever observed at his home, […]
Search Warrants – Probable Cause – Multi-Unit Building
State v. Adrian J. Jackson, 2008 WI App 109 For Jackson: Craig S. Powell; Brian Kinstler Issue: Whether a warrant established probable cause to search either the entirety of a multi-unit residential building. Holding: ¶19 The magistrate was told only that the informant saw Jackson with two guns “at the residence of 4124 N. 21st Street” […]
Search Warrants – Scope – Particularity Requirement: Violated Where Target’s Address Must Be Verified
State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: A search warrant that conditions its execution on verification of the target’s address violates the 4th amendment’s particularity requirement: ¶25 … The Fourth Amendment clearly sets forth the particularity requirement that must be satisfied prior to issuance of a warrant. … The […]
Search Warrants – Particularity Requirement – Multi-Unit Building (Duplex)
State v. Adrian J. Jackson, 2008 WI App 109 For Jackson: Craig S. Powell; Brian Kinstler Issue/Holding: A warrant describing the building to be searched only as “a two-story duplex residence” did not satisfy the particularity requirement: ¶9 If the location to be searched is not described with sufficient particularity to inform officers which unit in […]
Warrants – Scope – Business Records
State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116 For LaCount: T. Christopher Kelly Issue: Whether execution of a search warrant for business records exceeded the warrant’s scope in that the warrant: authorized only the search for and seizure of records that related to a specific business with specifically named clients; and also authorized […]
Search Warrants – Staleness – Drug Transaction, 30 Days Old
State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: Search warrant based on drug transaction occurring 30 days earlier lacked probable cause, ¶32 n. 7: … From our review of the record, it would appear that probable cause as to the search of his residence was stale. The most recent information directly […]
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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.