State v. Timothy T. Clark, 2003 WI App 121 For Clark: Rodney Cubbie Issue/Holding: Although warrantless automobile searches aren’t presumptively unreasonable, the automobile exception to the warrant requirement is inapplicable in the absence of probable cause to search the automobile. ¶18… Read more
Published 2003
State v. James L. Larson, 2003 WI App 150 For Larson: Rex Anderegg Issue/Holding: Exigent circumstances weren’t present to justify police entry of a residence to arrest a suspected drunk driver, Welsh v. Wisconsin, 466 U.S. 740 (1984) controlling. ¶¶17-22. … Read more
State v. Cara A. Erickson, 2003 WI App 43, PFR filed Issue: Whether a warrantless draw of blood satisfies State v. Bohling, 173 Wis. 2d 529, 533- 34, 494 N.W.2d 399 (1993) where there is probable cause but not an actual arrest. Holding: ¶12. .. (I)n the absence of an arrest, probable cause to believe blood currently… Read more
State v. James S. Riedel, 2003 WI App 18, PFR filed 1/27/03 For Riedel: Ralph A. Kalal Issue/Holding: Police not required to obtain warrant in order to test blood seized pursuant to Implied Consent Law; State v. VanLaarhoven, 2001 WI App 275 extended (VanLaarhoven consented to initial seizure, Riedel didn’t). ¶¶11-16. … Read more
State v. Joseph Steffes, 2003 WI App 55, PFR filed 3/13/03 For Steffes: Daniel P. Ryan Issue/Holding: Violation of administrative code provision does not support suppression. ¶¶9, 25. But: this decision was based largely on State ex rel. Peckham v. Krenke, 229 Wis. 2d 778, 601 N.W.2d 287 (Ct. App. 1999), a case that was essentially overruled… Read more
State v. Timothy T. Clark, 2003 WI App 121 For Clark: Rodney Cubbie Issue/Holding: Existence of, and compliance with, a police policy on conducting an inventory search relates only to the reasonableness of the search and not the seizure of the item searched: ¶11. Here, the State contends that the search of the vehicle was a… Read more
State v. James W. Keith, 2003 WI App 47, PFR filed 3/5/03 For Keith: Christopher A. Mutschler Issue/Holding: Evidence not suppressible merely because seized by officer effectuating stop outside of his or her jurisdiction: there is no “reason to ignore the well-established rule that suppression is required only when evidence is obtained in violation of a… Read more
State v. Terrance J. O’Neill, 2003 WI App 73 For O’Neill: Roger D. Sturdevant, SPD, Monroe Issue: Whether a judge’s persistent and partisan efforts to require litigation on a recurrent issue on which the court of appeals had already reversed him, in an unpublished case in which the judge actively appeared as a party on the… Read more
