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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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Arrest — Search Incident to Arrest — Probable Cause to Arrest Exists, but Officer Exercises Discretion Not to Arrest
State v. Robert F. Hart, 2001 WI App 283 For Hart: John Deitrich Issue: Whether seizure of evidence may be sustained on a search-incident-to-arrest rationale, where the officer had probable cause to arrest, but was not going to arrest. Holding: ¶11. What happens, however, when the police officer does not intend to make an arrest? Here, […]
Arrest — Search Incident to Arrest — “Protective Sweep” of Residence
State v. Edward Garrett, 2001 WI App 240, PFR filed For Garrett: Michael P. Sessa Issue:Whether entry into a closet, after defendant was arrested in his residence, was justified under the “protective sweep” doctrine. Holding: Under Maryland v. Buie, 494 U.S. 325 (1990), the police may conduct a “protective sweep” of premises, incident arrest, of spaces immediately […]
Arrest — Search Incident to Arrest — Warrantless Blood Test
State v. Robert W. Wodenjak, 2001 WI App 216, PFR filed 8/31/01 For Wodenjak: Rex Anderegg Issue: Whether administration of a blood test, following OWI arrest, was reasonable under the fourth amendment, where the police first rejected the driver’s request for a (less invasive) breath test. Holding: As long as the standard for warrantless blood draw established […]
Arrest — Traffic Offense — Safety Glass Law
State v. Michael M. Longcore II, 2001 WI App 15, on appeal after remand of State v. Longcore I, 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999) For Longcore: William E. Schmaal, SPD, Madison Appellate Issue: Whether replacing a vehicle’s glass window with a plastic sheet violates the safety glass statute, § 347.43(1), so as to provide […]
Attenuation of Taint — Abandonment of Property — Thrown to Ground during Illegal Patdown
State v. Robert F. Hart, 2001 WI App 283 For Hart: John Deitrich Issue: Whether a person voluntarily abandons property when throwing it to the ground during an illegal pat-down. Holding: ¶24. Our own research has uncovered cases that are fatal to the district attorney’s contention. In Lawrence v. Henderson, 478 F. 2d 705, 708 (5th Cir. […]
Attenuation of Taint — Consent
State v. David L. Munroe, 2001 WI App 104 For Munroe: Peter Koneazny, SPD, Milwaukee Appellate Issue: Whether consent to search was valid notwithstanding illegal police activity. Holding: ¶13. The three factors that help to determine whether the taint of earlier illegal police activity has been attenuated by the time a consent to search is granted […]
Consent — Acquiescence — Request Itself Unlawful Assertion of Authority
State v. David L. Munroe, 2001 WI App 104 For Munroe: Peter Koneazny, SPD, Milwaukee Appellate Issue: Whether Munroe’s acquiescence, under false pretenses, to police entry of his motel room vitiated any consent for their subsequent search of that room, where Munroe refused their initial request to search. Holding: ¶11 The officers entered Munroe’s room for, […]
Consent — Authority — Driver’s Consent to Search Passenger’s Property
State v. Jennifer K. Matejka, 2001 WI 5, 621 N.W.2d 891, affirming unpublished decision of court of appeals. For Matejka: James B. Connell Issue: “(W)hether, under the consent exception to the Fourth Amendment’s warrant requirement, a driver’s consent to a police officer’s search of a vehicle extends to a passenger’s jacket left in the vehicle at the […]
Consent – Coercion — Threat to Obtain Warrant
State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126 For defendants: Robert R. Henak Issue: Whether an apartment owner’s consent to search his apartment, given in response to police threat to obtain a search warrant even though no probable cause existed, was involuntary. Holding:: […]
Exigency — Automobile Exception to Warrant Requirement
State v. Bill Paul Marquardt , 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether the automobile exception allowed the warrantless search of defendant’s car. Holding: A warrantless search of a vehicle requires two showings: probable cause; and “ready” mobility of vehicle. ¶¶31-32. Because the defendant did not contest probable cause until his […]
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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.