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Search and Seizure — arrest
By: WISCONSIN LAW JOURNAL STAFF//September 16, 2014//
Listen to this articleWisconsin Court of Appeals
Criminal
Search and Seizure — arrest
Where a suspect was forcibly handcuffed by a warden and turned over to police, he was arrested, and probable cause was required for the arrest.
“Here, the circuit court determined Anker was arrested during the initial moments of his encounter with Horne. That conclusion is unassailably correct. Anker was ordered to stop, told he was under arrest, forcibly handcuffed, and taken to Horne’s vehicle to be given over to investigating authorities. There was no ambiguity in the situation; a reasonable person in those circumstances would consider himself or herself under arrest. The arrest was unreasonable in the absence of probable cause.”
Affirmed in part, and Reversed in part.
Recommended for publication in the official reports.
Dist. III, Shawano County, Habeck, J., Cane, J.
Attorneys: For Appellant: Anderegg, Rex, Milwaukee; For Respondent: Parker, Gregory A., Shawano; Burgundy, Sarah, Madison
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