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 ...
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Read More »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 ...
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Read More »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: ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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, ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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) ...
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Read More »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. ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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 ...
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Read More »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. ...
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Read More »Search and Seizure Community caretaker exception Dennis Butler appeals from a judgment of the circuit court convicting him of possession of cocaine. Butler argues that the circuit court improperly denied his motion to suppress the evidence obtained when he was ...
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Read More »Search and Seizure Probable cause Caleb J. Riley appeals from a judgment convicting him upon his pleas of no contest to possession with intent to deliver cocaine, as party to a crime (PTAC), and to misdemeanor bail jumping. Riley argues ...
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Read More »Search and Seizure Automobile exception; search incident to arrest Corey Smith appeals a judgment convicting him of possessing cocaine with intent to deliver as a repeater. He pled no contest after the circuit court denied his motion to suppress cocaine ...
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Read More »Search and Seizure Probation searches Seneca Joseph Boykin appeals from a judgment of conviction for possession with intent to deliver THC, contrary to Wis. Stat. § 961.41(1m)(h)1. (2007-08), and possession of a firearm by a felon, contrary to Wis. Stat. ...
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Read More »Search and Seizure Consent; actual authority Jaffer Deane appeals a judgment convicting him of possessing more than forty grams of cocaine with intent to deliver. Deane entered a no contest plea after the court denied his motion to suppress evidence ...
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