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2010AP352-CR State v. Miller
Search and Seizure Warrantless entry; consent Mark Miller appeals his conviction for operating a motor vehicle while under the influence of an intoxicant as a third offense. He challenges the circuit court’s denial of his motion to suppress evidence obtained as a result of a warrantless entry into his home. Miller argues that, although he […]
09-3732 & 09-3755 U.S. v. Nicksion
Search and Seizure Automobile exception; collective knowledge Officers may search an automobile without a warrant although they did not have probable cause, based on the collective knowledge of other officers investigating the suspects. “Gant explicitly recalled, and did not curtail, the automobile exception to the warrant requirement in United States v. Ross, 456 U.S. 798 […]
2010AP659-CR State v. Brandstetter
Search and Seizure Reasonable expectation of privacy; house for sale Scott E. Brandstetter was convicted of three drug-related crimes. The only issue on appeal concerns the propriety of the search that led to the discovery of marijuana and drug paraphernalia in Brandstetter’s bedroom. Because the house in which Brandstetter lived was listed for sale, he […]
2010AP1825-CR State v. Jenamann
Search and Seizure Stop and detention The State of Wisconsin appeals a circuit court order suppressing evidence supporting a charge of possession of drug paraphernalia against Joseph Jenamann. We conclude that the evidence was properly suppressed and, therefore, affirm. This opinion will not be published. 2010AP1825-CR State v. Jenamann Dist IV, Grant County, Day, J., […]
2009AP3049 City of Sheboygan v. Cesar
Search and Seizure Constructive entry Where police officers did not ask to be permitted entry to a suspect’s home, and only said they would get a warrant if he did not come out to talk, there was no constructive entry of the home in violation of the Fourth Amendment. “The record reflects that after the […]
10-1055 & 10-1076 U.S. v. Simms
Search and Seizure Garbage; cartilage Under Milwaukee’s “winter rules” for collecting garbage from fenced yards with the gate open, a resident implicitly consents to police searching his garbage cans. “[T]he fact that the defendant’s garbage carts were (we may assume) within the curtilage of his home does not conclude the constitutional analysis. For there is […]
2009AP1799-CR State v. Martinez
Search and Seizure Stop and detention; scope After his pretrial motion to suppress evidence was denied, Javier M. Martinez pled guilty to possessing more than 10,000 grams of marijuana with the intent to deliver, contrary to Wis. Stat. § 961.41(1m)(h)5. (2007-08). Martinez appeals, arguing that the trial court erroneously denied his suppression motion because there […]
2009AP2797-CR State v. Humphrey
Search and Seizure Consent The State has appealed from an order suppressing evidence seized from a motor vehicle owned and operated by the defendant, Rosalyn Humphrey. A deputy sheriff seized marijuana from a duffle bag in the trunk of Humphrey’s car after stopping her for speeding. Humphrey was charged with possession of marijuana with intent […]
2009AP933-CR State v. Kucik
Search and Seizure Plain view Jason W. Kucik appeals from a judgment of conviction, entered on a jury’s verdict, for two counts of possessing a short-barreled shotgun, contrary to Wis. Stat. § 941.28(2) (2007-08). At the time police officers found two illegal shotguns in Kucik’s apartment, they were taking Kucik into protective custody pursuant to […]
2009AP3022-CR State v. Holloway
Search and Seizure Probation searches Gregory M. Holloway appeals a judgment convicting him of possession of THC with intent to deliver, as a second or subsequent offense, and possession of a firearm by a felon. He argues that the circuit court should have suppressed evidence found in his home by his probation agent. We affirm. […]
09-3966 Parkey v. Sample
Civil Rights Search and seizure; probable cause Where a police officer found marijuana stems in the plaintiff’s garbage, and the plaintiff had received shipments from a supplier of marijuana cultivation products, the officer did not violate the plaintiff’s constitutional rights in getting a search warrant for the plaintiff’s home. “Sample’s affidavit included informat[...]
10-1608 U.S. v. Williams
Search and Seizure Collective knowledge doctrine In determining whether an officer had probable cause for a warrantless search of a vehicle, information known to the DEA, which requested the stop, can be imputed to him under the collective knowledge doctrine. “Other appeals courts similarly have concluded that the application of the collective knowledge doctrine is […]
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