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
Published 2002
State v. Garry C. Eskridge, 2002 WI App 158, PFR filed 6/14/02 For Eskridge: Gregory Bates Issue: Whether a tenant had an expectation of privacy in the basement area of a multiple unit apartment building. Holding: A tenant’s expectation of privacy in the common areas of multiple unit buildings is decided on a case by case basis. ¶10. Because… Read more
State v. Kirk J. Bergquist, 2002 WI App 39 For Berhquist: Steven H. Gibbs Issue: Whether the state’s refusal to return guns valued at between $5000 and $7,150, following conviction for disorderly conduct, violated the Eighth Amendment Excessive Fines Clause. Holding: ¶8. Although the term ‘forfeiture’ does not appear in this statute, our supreme court has… Read more
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue: Whether a stop whose purpose (to investigate possible connection to an earlier crime) had dissipated was unlawfully prolonged by a checking the driver’s license. Holding: ¶19. In State v. Ellenbecker, 159 Wis. 2d 91, 464 N.W.2d 427 (Ct. App. 1990), we held… Read more
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue/Holding: ¶24. It is true that when an officer has fulfilled the purpose of a lawful stop, the officer’s request for permission to search the vehicle does not, in itself, transform the stop into an unlawful one. State v. Gaulrapp, 207 Wis… Read more
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue: Whether reasonable suspicion supported the stop of defendant’s car four days after a reported domestic abuse incident, because the car generally matched the description of the suspect’s car. Holding: ¶14. We conclude that Officer Garcia did have knowledge of facts sufficient… Read more
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02 For Stout: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether Stout was seized when police entered the residence. Holding: ¶21. … (W)e are left with the presence of three officers in the room and whether their presence, absent the display of a weapon, physical… Read more
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue/Holding: Request to search car after purpose of lawful, routine traffic stop satisfied doesn’t make stop unlawful; validity turns on fact-specific inquiry. ¶¶24-25… Read more
