Wisconsin supreme court decision, affirming 2008 WI App 131; for Dearborn: Eileen A. Hirsch,SPD, Madison Appellate; BiC; Resp.; Reply Search-Incident – Good-Faith Reliance on Judicial Precedent ¶2 Dearborn maintains, and the State concedes, that in the wake of the United States Supreme Court’s ruling in Arizona v. Gant, 556 U.S. ___, 129 S. Ct. 1710 (2009), the search… Read more
H. Exclusionary rule
State v. Robert L. Artic, Sr., 2010 WI 83, affirming 2009 WI App 12; for Artic: Keith A. Findley, James D. Cooley; BiC; Resp.; Reply Notwithstanding an unlawful, forcible police entry into his residence, Artic voluntarily consented to the subsequent search of the house, which was also sufficiently attenuated from the illegal entry to purge… Read more
7th Circuit decision Terry Stop / Frisk 1. Pulling up in a patrol car and telling Gentry to keep his hands up amounted to a stop for purposes of Terry analysis. 2. The stop, which was based on a report of a “suspicious person,” without reference to any specific facts concerning a crime, was not… Read more
supreme court decision; court of appeals decision; for Carroll: Michael K. Gould, SPD, Milwaukee Appellate Frisk – Demand that Suspect Drop Object Frisk analysis applies to police demand that suspect drop object in hand, ¶22. ¶23 Here, Carroll led officers on a high-speed chase in a car that the officers had been observing in connection with an… Read more
court of appeals decision; for Pickens: Eileen A. Hirsch, SPD, Madison Appellate Reasonable Suspicion for Detention and “Collective Knowledge” Doctrine Although, “under the collective knowledge doctrine, an investigating officer with knowledge of facts amounting to reasonable suspicion may direct a second officer without such knowledge to stop and detain a suspect,” the state must prove those… Read more
State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion For Ferguson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Where the police had undisputed probable cause to arrest Ferguson for disorderly conduct outside her apartment, but entered her apartment without a warrant to arrest her, they acted with “lawful authority” for purposes of obstructing, § 946.41, when… Read more
State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue/Holding: ¶62 …[E]vidence obtained in violation of a statute (or not in accordance with the statute) may be suppressed under the statute to achieve the objectives of the statute, even though the statute does not expressly provide for the… Read more
State v. Eric Dwayne Rogers, 2008 WI App 176, PFR filed 12/12/08 For Rogers: Mark D. Richards Issue/Holding: Although warrantless entry of and remaining in a home while a warrant was prepared was illegal, the warrant wasn’t based on any information turned up by this illegality and evidence seized during its execution was therefore admissible: ¶21 Still… Read more
