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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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Exigency — OWI Investigation, Entry of Home
State v. James L. Larson, 2003 WI App 150 For Larson: Rex Anderegg Issue/Holding: Exigent circumstances weren’t present to justify police entry of a residence to arrest a suspected drunk driver, Welsh v. Wisconsin, 466 U.S. 740 (1984) controlling. ¶¶17-22.
Exigency — Blood Alcohol — Probable Cause as Substitute for Actual Arrest
State v. Cara A. Erickson, 2003 WI App 43, PFR filed Issue: Whether a warrantless draw of blood satisfies State v. Bohling, 173 Wis. 2d 529, 533- 34, 494 N.W.2d 399 (1993) where there is probable cause but not an actual arrest. Holding: ¶12. .. (I)n the absence of an arrest, probable cause to believe blood currently […]
Exigency — Blood Alcohol — Reasonableness of Procedure
State v. James S. Riedel, 2003 WI App 18, PFR filed 1/27/03 For Riedel: Ralph A. Kalal Issue/Holding: Police not required to obtain warrant in order to test blood seized pursuant to Implied Consent Law; State v. VanLaarhoven, 2001 WI App 275 extended (VanLaarhoven consented to initial seizure, Riedel didn’t). ¶¶11-16.
Non-Support, § 948.22 – Statute of Limitations — Support Arrearages, § 893.40 – Accrual upon Entry of Support Judgment
State v. Walter Junior Benjamin, 2003 WI 50, affirming 2002 WI App 89 For Hamilton: Robert A. Ramsdell Issue/Holding: ¶3. Walter’s case raises questions about the application of statutes of limitations to child support collection actions. The issue presented is whether the State, as an assignee of Walter’s deceased former wife, filed a timely action […]
Search & Seizure – Applicability of Exclusionary Rule — violation of nonconstitutional right prison discipline
State v. Joseph Steffes, 2003 WI App 55, PFR filed 3/13/03 For Steffes: Daniel P. Ryan Issue/Holding: Violation of administrative code provision does not support suppression. ¶¶9, 25. But: this decision was based largely on State ex rel. Peckham v. Krenke, 229 Wis. 2d 778, 601 N.W.2d 287 (Ct. App. 1999), a case that was essentially overruled […]
Search & Seizure – Applicability of Exclusionary Rule – Vienna Convention on Consular Relations Doesn’t Create Privately Enforceable Right
State v. Jose Carlos Navarro, 2003 WI App 50, PFR filed 3/5/03 For Navarro: Michael S. Holzman Issue/Holding: ¶1. This case presents an issue of first impression in Wisconsin. Jose Carlos Navarro contends that Article 36 of the Vienna Convention bestows a judicially enforceable individual right upon foreign nationals who have been detained by police to consult […]
Administrative Searches — CHIPS Investigation
John Doe and Jane Doe v. Heck, 327 F. 3d 492 (7th Cir. 01-3648, 4/16/03) Issue/Holding: “(T)o the extent § 48.981(3)(c)1 authorizes government officials to conduct an investigation of child abuse on private property without a warrant or probable cause, consent, or exigent circumstances, the statute is unconstitutional.” Also see Michael C. v. Gresbach, 7th Cir No. 07-1756, 5/19/08: […]
Administrative Searches – Inventory – Existence of Police Policy Goes to Search, not Seizure
State v. Timothy T. Clark, 2003 WI App 121 For Clark: Rodney Cubbie Issue/Holding: Existence of, and compliance with, a police policy on conducting an inventory search relates only to the reasonableness of the search and not the seizure of the item searched: ¶11. Here, the State contends that the search of the vehicle was a […]
Search & Seizure – Applicability of Exclusionary Rule – Violation of Nonconstitutional Right – Investigative Stop Outside Officer’s Jurisdiction
State v. James W. Keith, 2003 WI App 47, PFR filed 3/5/03 For Keith: Christopher A. Mutschler Issue/Holding: Evidence not suppressible merely because seized by officer effectuating stop outside of his or her jurisdiction: there is no “reason to ignore the well-established rule that suppression is required only when evidence is obtained in violation of a […]
Judicial Bias – (Non-Pecuniary) Stake in Outcome
State v. Terrance J. O’Neill, 2003 WI App 73 For O’Neill: Roger D. Sturdevant, SPD, Monroe Issue: Whether a judge’s persistent and partisan efforts to require litigation on a recurrent issue on which the court of appeals had already reversed him, in an unpublished case in which the judge actively appeared as a party on the […]
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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.