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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.
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 device against Loranger must now clearly be regarded as a fourth amendment violation.
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 of persons supplying hearsay information.”
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 six months old.
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 the state offered credible testimony —
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 recognized that the result of refusing to return a weapon to a person who committed a crime using the weapon is a forfeiture.
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 that a request for a driver’s license from a driver whose vehicle was disabled,
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. 2d 600, 558 N.W.2d 696 (Ct.
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 to provide a reasonable suspicion that the driver of the vehicle had been involved in the domestic abuse incident.
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 contact or use of language, was sufficient to establish a seizure.
Reasonable Suspicion — Stop — Duration — Seeking Consent to Search Automobile After Purpose of Stop Fulfilled
State v. Vernell T. Williams, 2002 WI App 306
For Williams: Michael A. Haakenson
Issue/Holding: Request to search car after purpose of lawful, routine traffic stop satisfied doesn’t make stop unlawful; validity turns on fact-specific inquiry. ¶¶24-25.
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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.