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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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Reasonable Suspicion – Frisk – High-Crime Area, et al.
State v. Michael T. Morgan, 197 Wis. 2d 200, 539 N.W.2d 887 (1995) For Morgan: Wm. J. Tyroler, SPD, Milwaukee Appellate; Calvin Malone Issue/Holding: … The court of appeals then held that the search of Morgan was supported by articulable facts in the record, including the “fairly-high-crime-rate area”; Morgan’s driving in two alleys at approximately […]
Warrants – Probable Cause – Search “All Persons” Provision
State v. Nakia N. Hayes, 196 Wis. 2d 753, 540 N.W.2d 1 (Ct. App. 1995) For Hayes: William E. Schmaal, SPD, Madison Appellate Issue/Holding: Next, Hayes argues that innocent persons could become caught up in the “all occupants” provisions of the search warrant. This obviously is true. But it does not necessarily invalidate the warrant. The […]
Attenuation of Taint — Statements
State v. Wilfred E. Tobias, 196 Wis.2d 53, 538 N.W.2d 843 (Ct. App. 1995) For Tobias: Barbara A. Cadwell Issue/Holding1: The primary concern in attenuation cases is whether the evidence objected to was obtained by exploitation of a prior police illegality or instead by means sufficiently attenuated so as to be purged of the taint. Anderson, […]
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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.