State v. David M. Larsen, 2007 WI App 147, PFR filed 5/31/07 For Larsen: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether the emergency doctrine supports warrantless entry of a residence not merely to look for the victim but also to search for evidence that would lead to her location. Holding: ¶22 Larsen next contends that even… Read more
Published 2007
State v. David M. Larsen, 2007 WI App 147, PFR filed 5/31/07 For Larsen: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶20 Larsen first contends that because the officers had already conducted a thorough search of the home, they had no reason to believe that there was anyone inside in need of immediate assistance. We disagree… Read more
State v. Roemie T. St. Germaine, 2007 WI App 214, PFR filed 9/27/07 For St. Germaine: Rex Anderegg Issue: Whether the owner of the residence (Briseno) had apparent authority to consent to police search of renter St. Germaine’s room, at least where St. Germaine was present was consent was sought and never objected. Holding: ¶17 St. Germaine… Read more
State v. John J. Hartwig, 2007 WI App 160, PFR filed 5/22/07 For Hartwig: Wright C. Laufenberg Issue/Holding: The trial court misread State v. Reginald Jones, 2005 WI App 26, to hold that consent to search is invalid whenever the person has been seized; rather, that case holds only that consent may be invalid when made following illegal… Read more
State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07 For Bons: Vladimir M. Gorokhovsky Issue/Holding: ¶18 The State has satisfied its burden to show the consent was voluntary. There is no suggestion of misrepresentation, deception, trickery or intimidation. The officers did not use weapons or force or otherwise take custody of Bons. Bons… Read more
State v. Dwight M. Sanders, 2007 WI App 174, affirmed on different ground, 2008 WI 85 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: To overcome its presumptive prohibition, warrantless entry of a residence must be supported by both probable cause and exigent circumstances (the latter including hot pursuit, threat to safety, risk of destroyed evidence, and… Read more
State v. Isaiah Bowden, 2007 WI App 234 For Bowden: Jason R. Farris Issue/Holding: Conviction for interference with custody, § 948.31(2), doesn’t require that the child be within the parent’s immediate presence or control: ¶18 The State posits that the withholding method of interference focuses on permission, not being in the parent’s presence. We agree. The… Read more
State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: Inspection of package by UPS personnel and subsequent disclosure of its contents to police didn’t require a warrant, because of lack of governmental involvement in the initial search. ¶10 A private party’s discovery, and subsequent disclosure to law enforcement, of… Read more
