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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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Warrants – “Franks”
State v. Jeffrey L. Loranger, 2002 WI App 5, PFR filed 1/22/02 For Loranger: Richard B. Jacobson, James C. Murray Issue: Whether the search warrant was based on intentionally or recklessly false averments, Franks v. Delaware, 438 U.S. 154 (1978). Holding: ¶23. Viewing the totality of the circumstances, we conclude that the issuing court commissioner had a […]
Warrants – Good-Faith Exception – Reliance on Judicial Decision
State v. Jeffrey L. Loranger, 2002 WI App 5, PFR filed 1/22/02For Loranger: Richard B. Jacobson, James C. Murray Issue: Whether evidence illegally obtained through warrantless use of a thermal imaging device, in reliance on then-valid Wisconsin appellate court decision subsequently invalidated by a Supreme Court decision, must be suppressed. Holding: Warrantless use of a thermal imaging […]
Warrants – Probable Cause – Confidential Informant
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: ¶13. There are no longer specific prerequisites to a finding of confidential informant reliability. Rather, the current test simply requires courts to “consider all of the circumstances set forth in the affidavit, including the veracity and basis of knowledge […]
Warrants – Staleness – Drug Trafficking
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: Although the age of the information in the warrant application – six months – gives pause, it isn’t sufficiently stale to defeat probable cause for drug trafficking. ¶22 Jones argues that the key information in the warrant affidavit—the informant’s allegations—was over […]
Expectation of Privacy — Multi-Unit Common Area (Basement)
State v. Garry C. Eskridge, 2002 WI App 158, PFR filed 6/14/02 For Eskridge: Gregory Bates Issue: Whether a tenant had an expectation of privacy in the basement area of a multiple unit apartment building. Holding: A tenant’s expectation of privacy in the common areas of multiple unit buildings is decided on a case by case basis. ¶10. Because […]
Forfeiture — Return of Seized Property — “Excessive Fine”
State v. Kirk J. Bergquist, 2002 WI App 39 For Berhquist: Steven H. Gibbs Issue: Whether the state’s refusal to return guns valued at between $5000 and $7,150, following conviction for disorderly conduct, violated the Eighth Amendment Excessive Fines Clause. Holding: ¶8. Although the term ‘forfeiture’ does not appear in this statute, our supreme court has […]
Reasonable Suspicion – Stop – Duration – Automobile — Prolonged to determine if Driver Had Valid License
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue: Whether a stop whose purpose (to investigate possible connection to an earlier crime) had dissipated was unlawfully prolonged by a checking the driver’s license. Holding: ¶19. In State v. Ellenbecker, 159 Wis. 2d 91, 464 N.W.2d 427 (Ct. App. 1990), we held […]
Reasonable Suspicion — Stop — Duration — Prolonged to Seek Consent to Search Automobile
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue/Holding: ¶24. It is true that when an officer has fulfilled the purpose of a lawful stop, the officer’s request for permission to search the vehicle does not, in itself, transform the stop into an unlawful one. State v. Gaulrapp, 207 Wis. […]
Reasonable Suspicion – Stop – Basis: Matching Description of Automobile Under Investigation for Earlier Crime
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue: Whether reasonable suspicion supported the stop of defendant’s car four days after a reported domestic abuse incident, because the car generally matched the description of the suspect’s car. Holding: ¶14. We conclude that Officer Garcia did have knowledge of facts sufficient […]
Reasonable Suspicion – Stop – Basis – Test – Within Residence
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02 For Stout: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether Stout was seized when police entered the residence. Holding: ¶21. … (W)e are left with the presence of three officers in the room and whether their presence, absent the display of a weapon, physical […]
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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.