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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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Emergency Exception to Warrant Requirement — Officer’s Subjective Intent
State v. Walter Leutenegger, 2004 WI App 127 For Leutenegger: Bill Ginsberg Issue/Holding: ¶12. A warrantless home entry is presumptively unreasonable under the Fourth Amendment. Richter, 235 Wis. 2d 524, ¶28. The government bears the burden of establishing that a warrantless entry into a home occurred pursuant to a recognized exception to the warrant requirement. See State v. Hughes, […]
§ 948.12(1m), Possession of Child Pornography – Sufficiency of Evidence, Element of “Possession”
State v. Jack P. Lindgren, 2004 WI App 159, PFR filed 8/20/04 For Lindgren: Stephen M. Compton Issue: Whether the evidence was sufficient, on the element of possession, to sustain conviction for possessing child pornography, where the defense expert “testified that no evidence of any child pornography had been saved on Lindgren’s computer,” ¶23. Holding: […]
Exigency: “Safety Exception”
State v. Robert A. Ragsdale, 2004 WI App 178, PFR filed 8/5/04For Ragsdale: Timothy T. Kay Issue/Holding: ¶14. Moreover, the questioning of the boy here presents a situation analogous to the safety exceptions set forth in New York v. Quarles, 467 U.S. 649, 654-60 (1984), and its progeny. Quarles set forth a public safety exception to the requirement for Mirandawarnings. […]
Arrest – Probable Cause – Predicated on Officer’s Mistaken View of Law
State v. Christopher M. Repenshek, 2004 WI App 229, PFR filed 12/17/04 For Repenshek: Stephen E. Mays Issue/Holding: The test for probable cause is purely objective, so that the arresting officer’s intent to arrest for a crime that is in fact non-existent is irrelevant. Because in Repenshek’s instance probable cause to arrest indisputably existed, his arrest was […]
Arrest — Probable Cause — OWI
State v. Gregg A. Pfaff, 2004 WI App 31 For Pfaff: Rex Anderegg Issue/Holding: Probable cause to arrest for OWI upheld on following facts as found by trial court: ¶20. … Metzen’s decision not to perform field sobriety testing was reasonable in light of Pfaff’s injuries. Metzen is an experienced officer and has processed many defendants […]
Arrest — Probable Cause — Preliminary Breath Test — OWI
State v. Ibrahim Begicevic, 2004 WI App 57 For Begicevic: Donna J. Kuchler Issue/Holding: ¶9. When Kennedy initially made contact with Begicevic, he appeared confused on how to get to Milwaukee. She immediately noticed a strong odor of intoxicants and that his eyes were bloodshot and glassy. … Because Kennedy was giving Begicevic the benefit […]
Arrest – Search Incident – Blood Test – Non-Drunk Driving Offense
State v. Christopher M. Repenshek, 2004 WI App 229, PFR filed 12/17/04 For Repenshek: Stephen E. Mays Issue/Holding: Warrantless blood draw incident to arrest is authorized by State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993) and State v. Seibel, 163 Wis. 2d 164, 471 N.W.2d 226 (1991), even if the arrest is for a non-drunk-driving offense […]
Arrest – Search Incident – Blood Test, Reasonable Suspicion for, Based on Refusal to Submit to PBT
State v. Christopher M. Repenshek, 2004 WI App 229, PFR filed 12/17/04 For Repenshek: Stephen E. Mays Issue/Holding: Refusal to submit to a PBT may support a conclusion of reasonable suspicion for a blood draw: ¶25. Key to understanding our analysis is understanding that Wis. Stat. § 343.303 does not contain a general prohibition on police requesting a PBT. […]
Arrest — Test for Custody — Dunaway v. New York
A.M. v. Butler, 360 F3d 787 (7th Cir. No. 2004) Issue/Holding: We see no meaningful distinction between Dunaway and this case. Like the defendant in Dunaway, Morgan was taken directly to an interrogation room in the police station. He was never told he was free to go. Cassidy, moreover, testified that he would not have allowed Morgan to […]
Arrest — In Residence, Based on Search Warrant
State v. Peter R. Cash, 2004 WI App 63 For Cash: Lynn M. Bureta Issue/Holding: ¶26. Cash also argues that Grable was ineffective for failing to seek suppression of certain statements he made on the basis that his arrest in his home was accomplished without an arrest warrant. Cash argues that his arrest was unlawful […]
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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.