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4. Probable cause to arrest

State v. Eddie McAttee, 2001 WI App 262 For McAttee: Russell D. Bohach Issue: Whether McAttee’s arrest was supported by probable cause. Holding: ¶11. First, Detective Kuchenreuther was entitled to rely on Officer Smith’s knowledge of the confidential informant. See State v. Black, 2000 WI App 175, ¶17 n.4, 238 Wis. 2d 203, 617 N.W.2d 210 (arresting… Read more

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Arrest — Traffic Offense — Safety Glass Law

State v. Michael M. Longcore II, 2001 WI App 15, on appeal after remand of State v. Longcore I, 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999) For Longcore: William E. Schmaal, SPD, Madison Appellate Issue: Whether replacing a vehicle’s glass window with a plastic sheet violates the safety glass statute, § 347.43(1), so as to provide… 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: Stephen G. Bauer Holding: Various informants were sufficiently reliable to support probable cause: though they weren’t expressly identified as citizen informants, they wree not suspects but, rather, “were ordinary persons who answered questions and provided information in response to… Read more

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State v. Michael M. Longcore (I), 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999), affirmed by equally divided vote, 2000 WI 23, 233 Wis. 2d 278, 607 N.W.2d 620 For Longcore: William E. Schmaal, SPD, Madison Appellate. Issue/Holding: An officer stopped Longcore’s car because his back window had been replaced with a plastic covering… Read more

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State v. Timothy M. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387, cert. denied, __ U.S. __ (1999), reversing, 218 Wis.2d 508, 582 N.W.2d 37 (Ct. App. 1998) For Secrist: Patrick M. Donnelly, SPD, Madison Appellate. Issue/Holding: The issue presented to the court is whether the odor of a controlled substance may provide probable cause to arrest, and… Read more

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State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Issue/Holding: Ison lacked probable cause to arrest Wilson when he refused to allow Wilson to use the bathroom because at that time, Ison could not identify Wilson as the source of the marijuana odor… Read more

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State v. Mata, 230 Wis.2d 567, 602 N.W.2d 158 (Ct. App. 1999) For Mata: Daniel P. Murray. Issue: Whether the police had probable cause to search the passenger of a stopped car, based on the odor of “raw” marijuana. Holding: The odor of marijuana was sufficiently linked to the passenger to justify the search. The police… Read more

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