On Point

State v. Dwight M. Sanders, 2008 WI 85, affirming as modified, 2007 WI App 174 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶32      The protective sweep doctrine applies once law enforcement officers are inside an area, including a home. Once inside an area a law enforcement officer may perform a warrantless “protective sweep,” that is, […]

State v. Jordan A. Denk, 2008 WI 130, on certification For Denk: Lora B. Cerone, SPD, Madison Appellate Issue: Whether the police may search, incident to the arrest of the driver, a passenger’s personal belongings (in this instance: an eyeglass case) found outside the vehicle. Holding: ¶56      The record indicates that Officer Hahn was concerned about the possible […]

State v. Jermichael James Carroll, 2008 WI App 161, affirmed, other grounds, 2010 WI 8 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: The police may, incident to lawful arrest for drug use, answer an incoming call on the arrestee’s cell phone, ¶¶27-29. Note that supreme court affirmed on different grounds, namely the exigent-circumstances need to preserve […]

State v. Jermichael James Carroll, 2008 WI App 161, affirmed on other grounds, 2010 WI 8 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: ¶26      While a person is not necessarily under arrest just because the officers display their weapons and place the individual in a squad car, those facts can support a determination that an […]

State v. Jermichael James Carroll, 2008 WI App 161, affirmed on other grounds, 2010 WI 8 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding:  Continued possession of Carroll’s cell phone justified, though Carroll not in custody. Expectation of privacy in cell phone analogous to that attending “closed container” such as luggage, as to which detention of container […]

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, […]

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 […]

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 […]

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 […]

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 […]