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44. Search & seizure

Terry Stop, Compared with Arrest

State v. Daniel R. Doyle, 2010AP2466-CR, District 4, 9/22/11 court of appeals decision (1-judge, not for publication); for Doyle: John C. Orth; case activity Transport of drunk driving suspect 3-4 miles to local police station for purpose of administering field sobriety tests didn’t covert Terry stop into arrest, given that extreme, adverse weather conditions rendered… Read More

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Go: here… Read More

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State v. Joel L. Ritchie, 2000 WI App 136, 237 Wis.2d 664, 614 N.W.2d 837 For Ritchie: Steven G. Bauer Issue: What is the standard of review for an arrest warrant based on a criminal complaint? Holding: Although review of probable cause to support a complaint is independent, review of probable cause to support an arrest… Read More

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State v. Jason Phillips, 209 Wis.2d 559, 563 N.W.2d 573 (1997), reversing State v. Phillips, 209 Wis. 2d 559, 563 N.W.2d 573 For Phillips: Arthur B. Nathan Holding: Consent to search is question of constitutional (as opposed to historical) fact, and therefore subject to independent review on appeal. Defendant consented to warrantless search of bedroom: agents went to… Read More

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