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10-2238 U.S. v. Bullock
Search and Seizure Reasonable suspicion Where police had a warrant to search a building, they had reasonable suspicion to detain a person who had just left it before they could execute the warrant. “We find the reasoning in Swift instructive here. Officers could have detained Bullock at the scene of the traffic stop to maintain […]
2009AP919-CR State v. Stokes
Search and Seizure Consent; voluntariness Robert L. Stokes appeals a judgment convicting him of possession with intent to deliver marijuana, contrary to Wis. Stat. § 961.41(1m)(h)2. (2005-06). Stokes contends that because the police did not have valid consent to search his residence without a warrant, the trial court erred in denying his motion to suppress […]
2010AP484-CR State v. Toliver
Search and Seizure Community caretaker function Ashley Toliver appeals her judgment of conviction on the basis that the trial court erroneously denied her earlier motion to suppress evidence. She argues that her Fourth Amendment rights were violated on two occasions: when a police officer opened her purse to look for identification after finding it on […]
2010AP859-CR State v. Seaman
Search and Seizure Seizure Peter Seaman appeals from a judgment of conviction for possession of a firearm by a felon, possession of an electric weapon, possession of a switchblade knife, possession of THC, and possession of drug paraphernalia. Seaman challenges the circuit court’s denial of his suppression motion. We affirm. This opinion will not be […]
09-4082 U.S. v. Tinnie
Search and Seizure Frisks; reasonable suspicion Where a suspect was in a high crime area known for drug trafficking and gun violence, and the suspect did not answer when asked if he ha any weapons, the officer was justified in frisking him. “In this case, the totality of the circumstances justified frisking Tinnie. The stop […]
2010AP98-CR State v. Williams
Search and Seizure Search warrants; staleness Demonn S. Williams appeals from a judgment of conviction entered upon his guilty pleas to two felonies. The issue is whether the circuit court erroneously denied his motion to suppress evidence found when police executed a search warrant at his home. Williams contends that the search warrant was invalid […]
2009AP1164-CR State v. Applewhite
Search and Seizure Probable cause The State of Wisconsin appeals an order suppressing evidence. The issue is whether the search warrant affidavit provided probable cause to search the defendant’s residence. We conclude it did not, and therefore we affirm. This opinion will not be published. 2009AP1164-CR State v. Applewhite Dist II, Sheboygan County, Akkeren, J., […]
10-1879 U.S. v. Cartwright
Search and Seizure Inevitable discovery Where an automobile would have been impounded and searched, the inevitable discovery doctrine applies, and evidence obtained during a warrantless search of the car at the scene need not be suppressed, even though the driver was secured. “Unlike Duguay, where the officers impounded the car despite the presence on the […]
2010AP1170-CR, State v. Eaton, Dist. IV, Dane County, Ehlke, J., Sherman, J.
Search and Seizure Investigative stop; reasonable suspicion; erratic driving John Eaton appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC), second offense, contrary to WIS. STAT. § 346.63(1)(b). Eaton argues the circuit court erred when it denied his motion to suppress evidence obtained as a result of […]
2010AP693-CR State v. Shaw
Search and Seizure OMVWI; investigative stop; probable cause Kevin L. Shaw appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, fifth offense. See WIS. STAT. § 346.63(1)(a). Shaw contends that both the stop of his vehicle and his arrest were unconstitutional, requiring suppression of the evidence police […]
2010AP895-CR State v. Ultsch
Search and Seizure Warrantless home entry; community caretaker function Where police officers observed a damaged building and a nearby damaged vehicle covered in snow, parked in a driveway and partially blocking the road, and then entered the private residence that the driveway led to, those circumstances did not give rise to the community caretaker exception […]
2009AP2690-CR State v. Ayala
Search and Seizure Exigent circumstances Where police would risk the safety of civilians and their own by waiting to get a warrant, a warrantless entry was justified by exigent circumstances. “[A] delay in obtaining a warrant might have facilitated an escape, or an escape attempt by Ayala, possibly with the assistance of his acquaintances who […]
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- Federal agencies failed to investigate Havana Syndrome, ignored crucial evidence and withheld information, attorney says during Congressional hearing
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