State v. Wilton Tye, 2001 WI 124 For Tye: Mark D. Richards, Christy M. Hall Issue: Whether evidence seized under a search warrant unsupported by oath or affirmation must be suppressed. Holding: The requirement that a search warrant be supported by oath or affirmation is an explicit and long-standing feature of both state and federal constitutions, as… Read more
B. Search warrants
State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether evidence seized under a warrant defective because unsupported by probable cause may be admissible under the good-faith doctrine. Holding: Given that, subsequent to trial-level litigation, the supreme court recognized the good-faith exception to the exclusionary rule, in State v… Read more
State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether the search warrant was supported by probable cause. Holding: ¶18. …. The State points to several facts in the affidavits: (1) Mary’s telephone was off the hook the day she was killed, suggesting “that the perpetrator had… Read more
State v. Cherise A. Raflick, 2001 WI 129 For Raflik: Michael J. Fitzgerald, Dean A. Strang Issue/Holding: ¶1. This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12(3)(d)1, and when the factual basis for the… Read more
State v. Lance R. Ward, 2000 WI 3, 231 Wis.2d 723, 604 N.W.2d 517, reversing State v. Ward, 222 Wis. 2d 311, 588 N.W.2d 645.For Ward: Daniel P. Dunn Issue: Whether the exclusionary rule applies where the police relied on judge-made law that automatically countenanced all no-knock entries to search for drugs and that law… Read more
State v. Lisa Orta and Ricardo Ruiz, 2000 WI 4, 231 Wis.2d 782, 604 N.W.2d 543, reversing unpublished decision For Orta: Mark F. Nielsen, Schwartz, Tifte & Nielsen For Ruiz: Michael P. Reisterer, Jr. For amici (SPD & WACDL): Mary E. Waitrovich, SPD, Madison Appellate, & Howard B. Eisenberg Issue: Whether the exclusionary rule applies… Read more
State v. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208, affirmed in pertinent part, but reversed on other grounds, 2001 WI 98, ¶¶21-26 For Eason (in SCt): Suzanne Hagopian, SPD, Madison Appellate Issue: Whether the no-knock warrant was supported by reasonable suspicion that announcing police presence would create danger. Holding: The showing… Read more
State v. Lance R. Ward, 2000 WI 3, 231 Wis.2d 723, 604 N.W.2d 517, reversing 222 Wis. 2d 311, 588 N.W.2d 645 For Ward: Daniel P. Dunn Issue: Whether the search warrant established probable cause despite the absence of an explicit connection between the owner’s alleged drug dealing and his residence. Holding: The supporting affidavit’s assertion that the… Read more
