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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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Consent — Entry of Residence — Reasonable Suspicion as Precondition
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02 For Stout: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether the police must have reasonable suspicion before seeking consent to enter a residence. Holding: ¶17. We hold that there is no Fourth Amendment requirement of reasonable suspicion as a prerequisite to seeking consent to […]
Exigency – Automobile Exception to Warrant Requirement – Probable Cause, Dog Sniff
State v. Tina M. Miller, 2002 WI App 150, PFR filed 6/3/03 For Miller: Timothy A. Provis Issue/Holding: Based on evidence that the dog had been trained in drug detection, the police had probable cause to search the automobile once the dog alerted them, including probable cause to search a purse within the car. ¶¶12-15 But, keep […]
Exigency — Blood Alcohol — Reasonableness of Procedure
State v. Dennis L. Daggett, 2002 WI App 32, PFR filed 1/10/02 For Daggett: Julie A. Smith Issue: Whether a warrantless draw of blood, following OWI arrest, is necessarily unreasonable if performed at the jail rather than hospital. Holding: There is no bright-line rule that a blood draw must be made in a hospital setting to be […]
Arrest — Search Incident to Arrest — Warrantless Blood Test — Person Offers to Take Breath Test
State v. Jay D. Krajewski, 2002 WI 97, affirming unpublished decision of court of appeals For Krawjewski: Christopher A. Mutschler Issue/Holding: ¶3. … (A) warrantless nonconsensual blood draw from a person arrested on probable cause for a drunk driving offense is constitutional based on the exigent circumstances exception to the warrant requirement of the Fourth Amendment, even if […]
Search & Seizure – Applicability of Exclusionary Rule – Violation of Nonconstitutional Right – § 968.255 (Strip Searches)
State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶25. We conclude, however, that we need not address whether police may conduct a consensual strip search free of the statutory restrictions. Absent a constitutional violation, a court may not suppress evidence obtained in violation of a […]
Administrative Searches – Probation/Parole
State v. Brandon L. Wheat, 2002 WI App 153, PFR 6/14/02 For Wheat: Steven A. Koch, Bradley J. Lochowicz Issue/Holding: The record shows that the search of defendant’s residence was performed by his probation agent; police officers were present only for protection; therefore, this was a probation and not a law enforcement search. ¶23. UPDATE: What about […]
Search & Seizure – Applicability of Exclusionary Rule – Dog Sniff
State v. Tina M. Miller, 2002 WI App 150, PFR filed 6/3/03 For Miller: Timothy A. Provis Issue/Holding: ¶6. The Supreme Court first addressed whether the Fourth Amendment applies to canine sniffs in United States v. Place, 462 U.S. 696 (1983). … The Court then concluded “that the particular course of investigation that the agents intended […]
Search & Seizure – Applicability of Exclusionary Rule – Probation/Parole Search
State v. Brandon L. Wheat, 2002 WI App 153, PFR 6/14/02 For Wheat: Steven A. Koch, Bradley J. Lochowicz Issue/Holding: Because the exclusionary rule doesn’t apply at revocation hearings, “(a) reasonable probation search, as conducted here, is lawful even if the probation officer relies, in part, on information from law enforcement officials in violation of the Fourth […]
Judicial Substitution/Recusal – TPR – Multiple Requests
State ex rel. Julie A.B. v. Circuit Court, 2002 WI App 220 For Julie A.B.: Roberta A. Heckes Issue/Holding: § 48.29(1) permits more than one party to file a request for a substitution of judge in a TPR proceeding, ¶2. (The mother filed a substitution request. After a new judge was assigned, the GAL filed a request, one […]
Judicial Substitution – Joint Defendants
State ex rel. Ernie Garibay v. Kenosha County, 2002 WI App 164 For Garibay: Denise Hertz-McGrath Issue/Holding: ¶2. The dispositive issue is whether a defendant who is charged jointly with another defendant may obtain substitution of a judge pursuant to Wis. Stat. § 971.20(6) when the codefendant is not yet before the court. We conclude that 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.