State v. Keith Schroeder, 2000 WI App 128, 237 Wis.2d 575, 613 N.W.2d 911 For Schroeder: Kevin D. Musolf Issue/Holding: Inspection of child pornography on a computer, found during a warrant-authorized search of a computer for unrelated material, was in plain view so as to be subject to seizure without a separate warrant: 13 In order… Read more
Published 2000
State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238 For Oswald: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether a search of documents exceeded the scope of a warrant authorizing a search for currency, among other things. Holding: Because the warrant authorized a search for currency, the officers were… Read more
State v. William W. Boyd, 2000 WI App 208, 238 Wis.2d 693, 618 N.W.2d 251 Issue: Whether forfeiture of the entire value of a $28,000 vehicle which transported a weapon used in a crime was excessive, especially in light of the maximum fine of $10,000 for the crime. Holding: Applying the proportionality test mandated by United States… Read more
State v. Bruce E. Black, 2000 WI App 175, 238 Wis.2d 203, 617 N.W.2d 210 For Black: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶1 … When a person provides oral identification to a police officer conducting a Terry stop and request for identification, may the officer perform a limited search for identifying papers when the information… Read more
State v. Bruce E. Black, 2000 WI App 175, 238 Wis.2d 203, 617 N.W.2d 210 For Black: William E. Schmaal, SPD, Madison Appellate Issue: Whether the “collective knowledge” doctrine applies when the information in the possession of one police officer is not in fact communicated to another officer. Holding: ¶17 n. 4: (I)n order for the… Read more
State v. Lawrence J. Fields, 2000 WI App 218, 239 Wis.2d 38, 619 N.W.2d 279 For Fields: Daniel Goggin Issue: Whether the police stop of a car, merely because it had lingered at a stop sign for a few seconds, was supported by reasonable suspicion. Holding: To ask the question is to answer it. This was… Read more
State v. James T. Fitzgerald, 2000 WI App 55, 233 Wis. 2d 584, 608 N.W.2d 391 For Fitzgerald: Daniel P. Dunn Issue: Whether a probationer in custody under a probation hold is necessarily a “prisoner” within the battery by prisoner statute, Wis. Stat. § 940.20(1). Holding: Because a “prisoner” is someone confined as a result of a… Read more
State v. Robert C. Knight, 2000 WI App 16, 232 Wis.2d 305, 606 N.W.2d 291 For Knight: Scott B. Taylor. Issue: Whether the seizure of files earmarked for destruction by a disbarred attorney violated the fourth amendment. Holding: The files, which the disbarred attorney had turned over to a third party for destruction, had been abandoned… Read more
