State v. James W. Whistleman, 2001 WI App 189 For Whistleman: Michael J. Devanie Issue: Whether storage of images on a computer disk satisfies the “pictorial reproduction” element of § 948.12. Holding: ¶7 … The computer disks taken from Whistleman’s residence produce visual images on the computer screen when a person inserts the disks into… Read more
Published 2001
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
State v. Robert F. Hart, 2001 WI App 283 For Hart: John Deitrich Issue: Whether seizure of evidence may be sustained on a search-incident-to-arrest rationale, where the officer had probable cause to arrest, but was not going to arrest. Holding: ¶11. What happens, however, when the police officer does not intend to make an arrest? Here… Read more
State v. Edward Garrett, 2001 WI App 240, PFR filed For Garrett: Michael P. Sessa Issue:Whether entry into a closet, after defendant was arrested in his residence, was justified under the “protective sweep” doctrine. Holding: Under Maryland v. Buie, 494 U.S. 325 (1990), the police may conduct a “protective sweep” of premises, incident arrest, of spaces immediately… Read more
State v. Robert W. Wodenjak, 2001 WI App 216, PFR filed 8/31/01 For Wodenjak: Rex Anderegg Issue: Whether administration of a blood test, following OWI arrest, was reasonable under the fourth amendment, where the police first rejected the driver’s request for a (less invasive) breath test. Holding: As long as the standard for warrantless blood draw established… Read more
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
State v. Robert F. Hart, 2001 WI App 283 For Hart: John Deitrich Issue: Whether a person voluntarily abandons property when throwing it to the ground during an illegal pat-down. Holding: ¶24. Our own research has uncovered cases that are fatal to the district attorney’s contention. In Lawrence v. Henderson, 478 F. 2d 705, 708 (5th Cir… Read more
State v. David L. Munroe, 2001 WI App 104 For Munroe: Peter Koneazny, SPD, Milwaukee Appellate Issue: Whether consent to search was valid notwithstanding illegal police activity. Holding: ¶13. The three factors that help to determine whether the taint of earlier illegal police activity has been attenuated by the time a consent to search is granted… Read more
