State v. Justin Kolp, 2002 WI App 17 For Kolp: Jennifer L. Abbott Issue: Whether the police had a reasonable suspicion to frisk Kolp, when he showed up at a residence during execution of a search warrant for evidence of possession of marijuana and which authorized the search of all persons present on the premises. Holding: Given… Read more
B. Search warrants
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: Failure of the warrant application to include dismissal of prior criminal charge listed against defendant didn’t mislead judge, who would have inferred that had the charge resulted in conviction that result would have been asserted… Read more
State v. Jeffrey L. Loranger, 2002 WI App 5, PFR filed 1/22/02 For Loranger: Richard B. Jacobson, James C. Murray Issue: Whether the search warrant was based on intentionally or recklessly false averments, Franks v. Delaware, 438 U.S. 154 (1978). Holding: ¶23. Viewing the totality of the circumstances, we conclude that the issuing court commissioner had a… Read more
State v. Jeffrey L. Loranger, 2002 WI App 5, PFR filed 1/22/02For Loranger: Richard B. Jacobson, James C. Murray Issue: Whether evidence illegally obtained through warrantless use of a thermal imaging device, in reliance on then-valid Wisconsin appellate court decision subsequently invalidated by a Supreme Court decision, must be suppressed. Holding: Warrantless use of a thermal imaging… Read more
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: ¶13. There are no longer specific prerequisites to a finding of confidential informant reliability. Rather, the current test simply requires courts to “consider all of the circumstances set forth in the affidavit, including the veracity and basis of knowledge… Read more
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: Although the age of the information in the warrant application – six months – gives pause, it isn’t sufficiently stale to defeat probable cause for drug trafficking. ¶22 Jones argues that the key information in the warrant affidavit—the informant’s allegations—was over… Read more
State v. Rayshun D. Eason, 2001 WI 98, reversing State v. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208 For Eason: Suzanne Hagopian, SPD, Madison Appellate Issue: Whether evidence obtained after entry of a home in violation of the announcement rule, because authorization was provided by an invalid no-knock warrant, is… Read more
State v. Wilton Tye, 2001 WI 124 For Tye: Mark D. Richards, Christy M. Hall Issue: Whether evidence seized under a search warrant, invalid on its face because unsupported by oath or affirmation, is covered by the good faith exception. Holding: ¶24. Fourth and finally, the State asks this court to allow admission of the seized… Read more
