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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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Forfeiture — Vehicle Used in Crime — Proportionality Test
State v. William W. Boyd, 2000 WI App 208, 238 Wis.2d 693, 618 N.W.2d 251 Issue: Whether forfeiture of the entire value of a $28,000 vehicle which transported a weapon used in a crime was excessive, especially in light of the maximum fine of $10,000 for the crime. Holding: Applying the proportionality test mandated by United States […]
Reasonable Suspicion – Frisk – “Identification Search”
State v. Bruce E. Black, 2000 WI App 175, 238 Wis.2d 203, 617 N.W.2d 210 For Black: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶1 … When a person provides oral identification to a police officer conducting a Terry stop and request for identification, may the officer perform a limited search for identifying papers when the information […]
Reasonable Suspicion – Stop – Basis – “Collective Knowledge” Doctrine
State v. Bruce E. Black, 2000 WI App 175, 238 Wis.2d 203, 617 N.W.2d 210 For Black: William E. Schmaal, SPD, Madison Appellate Issue: Whether the “collective knowledge” doctrine applies when the information in the possession of one police officer is not in fact communicated to another officer. Holding: ¶17 n. 4: (I)n order for the […]
Reasonable Suspicion – Stop – Basis – Identified 911 Caller
State v. Michael A. Sisk, 2001 WI App 182 For Sisk: Elvis Banks Issue: Whether the police had reasonable suspicion to stop, based on information from a 911 call made from a payphone by an informant who provided nothing other than a name by way of identifying himself. Holding: ¶8. Here, because the caller gave what […]
Reasonable Suspicion – Stop – Basis – Traffic Offense – Tarrying at Stop Sign
State v. Lawrence J. Fields, 2000 WI App 218, 239 Wis.2d 38, 619 N.W.2d 279 For Fields: Daniel Goggin Issue: Whether the police stop of a car, merely because it had lingered at a stop sign for a few seconds, was supported by reasonable suspicion. Holding: To ask the question is to answer it. This was, […]
Reasonable Suspicion – Frisk – drug investigation – auto
State v. Roosevelt Williams, 2001 WI 21, on remand from U.S. S.Ct., 529 U.S. 1050 (2000), previously reported: State v. Roosevelt Williams, 225 Wis. 2d 159, 591 N.W.2d 823 (1999); State v. Williams, 214 Wis. 2d 412, 570 N.W.2d 892 (Ct. App. 1997).For Williams: Melinda Swartz, SPD, Milwaukee Appellate. Issue: Whether the police had reasonable suspiciion to conduct a “protective search” of […]
§ 940.20(1), Battery by Prisoner — Probationer
State v. James T. Fitzgerald, 2000 WI App 55, 233 Wis. 2d 584, 608 N.W.2d 391 For Fitzgerald: Daniel P. Dunn Issue: Whether a probationer in custody under a probation hold is necessarily a “prisoner” within the battery by prisoner statute, Wis. Stat. § 940.20(1). Holding: Because a “prisoner” is someone confined as a result of a […]
§ 940.23(1), Reckless Injury — “Utter Disregard for Human Life”
State v. Stephen L. Jensen, 2000 WI 84, 236 Wis. 2d 521, 613 N.W.2d 170, affirming unpublished decision For Jensen: James L. Fullin, SPD, Madison Appellate Issue1: Whether the first degree reckless injury (§ 940.23(1)) element of “utter disregard for human life” requires proof of the actor’s subjective awareness of the risk of death. Holding: […]
Expectation of Privacy — Abandoned Property
State v. Robert C. Knight, 2000 WI App 16, 232 Wis.2d 305, 606 N.W.2d 291 For Knight: Scott B. Taylor. Issue: Whether the seizure of files earmarked for destruction by a disbarred attorney violated the fourth amendment. Holding: The files, which the disbarred attorney had turned over to a third party for destruction, had been abandoned […]
Exigency – Hot Pursuit – Reported Burglary in Progress
State v. Patrick E. Richter, 2000 WI 58, 235 Wis. 2d 524, 612 N.W.2d 29, reversing State v. Richter, 224 Wis. 2d 814, 592 N.W.2d 310 (Ct. App. 1999) For Richter: Susan Alesia, SPD, Madison Appellate Issue/Holding: ¶29 There are four well-recognized categories of exigent circumstances that have been held to authorize a law enforcement officer’s warrantless […]
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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.