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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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Attenutation of Taint – Search Warrant
State v. Eric Dwayne Rogers, 2008 WI App 176, PFR filed 12/12/08 For Rogers: Mark D. Richards Issue/Holding: Although warrantless entry of and remaining in a home while a warrant was prepared was illegal, the warrant wasn’t based on any information turned up by this illegality and evidence seized during its execution was therefore admissible: ¶21 Still, […]
Consent – Authority: Driver, for Passenger
State v. Jordan A. Denk, 2008 WI 130, on certification For Denk: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: ¶20 n. 4: … While Pickering could consent to a search of the vehicle, he could not consent to a search of his passenger. See State v. Matejka, 2001 WI 5, 241 Wis. 2d 52, 621 N.W.2d 891 (driver’s consent to search of […]
Warrantless Entry of Residence – No Exigent Circumstances
State v. Eric Dwayne Rogers, 2008 WI App 176, PFR filed 12/12/08 For Rogers: Mark D. Richards Issue/Holding: Warrantless entry of Rogers’ home, following seizure of contraband from his car, was unlawful: ¶19 In this case, the police entered Rogers’ residence after seizing contraband from his car and person and then seeing Rogers’ brother and others at […]
Administrative Searches – Probation/Parole: Presence of Police not Determinative
State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: Warrantless search of bedroom upheld as probation/parole search under “special needs” doctrine, notwithstanding presence of police who were conducting a concurrent investigation: ¶15 We conclude, based on the court’s factual findings, that the search of Jones’s room was a […]
Administrative Searches – Probation/Parole: Reasonableness
State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: Entry of a probationer’s residence to effectuate a probation/parole search was reasonable: ¶22 We reject Jones’s argument. As the circuit court found, Trimble was told by Detective Pertzborn that Jones was sexually involved with a fourteen-year-old girl and […]
Administrative Searches – Probation/Parole: “Forcible” Manner of Entry
State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: ¶24 Wisconsin Admin. Code § DOC 328.21(3)(f) (Dec. 2006) provides that probation or parole agents “may not forcibly enter a locked premises to search it if the client whose living quarters or property it is is not present.” Jones […]
Search & Seizure – Applicability of Exclusionary Rule – Dog Sniff, Wisconsin Constitution
State v. Ramon Lopez Arias, 2008 WI 84, on Certification For Arias: Lora B. Cerone, SPD, Madison Issue/Holding: A dog sniff is no more a “search” under the Wisconsin than the U.S. Constitution, at least with respect to vehicles: ¶22 We are unwilling to undertake such a departure here. First, we note that there is no constitutionally […]
Search & Seizure – Applicability of Exclusionary Rule: Private Government Search, Generally – Burden of Proof
State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: The exclusionary rule applies only to government action, not private searches, ¶12. If the State asserts that the action was private in nature the burden shifts to the defendant to prove by governmental involvement, preponderance of evidence, id.
Search & Seizure – Applicability of Exclusionary Rule: Private Government Search – Off-Duty Police Officer Acting in Private Capacity – Opening Misaddressed Letter
State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue: Whether the action of a police officer in opening a letter misaddressed to the officer’s residence from a House of Correction inmate was private and therefore outside fourth amendment scrutiny. Holding: ¶13 There appears to be no Wisconsin case addressing the […]
Search & Seizure – Applicability of Exclusionary Rule – Violation of § 968.135, Standing to Assert
State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue: Whether the person whose documents were produced by a bank pursuant to subpoena has standing to seek suppression of the documents. Holding: ¶24 A person has standing to seek judicial intervention when that person has “a personal stake in […]
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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.