State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding: ¶34 Here, the officers were outnumbered and without backup when, following an anonymous tip that drug dealing and drug loitering activities were taking place on the porch of a residence in… Read more
Published 2008
State v. Aaron E. Applewhite, 2008 WI App 138, PFR filed 9/19/08 For Applewhite: Pamela Moorshead Issue/Holding: ¶12 The next question before us is whether Bastil’s discovery of contraband in Applewhite’s pockets is supported by the “plain touch” doctrine. When the pat-down itself is based on reasonable suspicion, the “plain feel” or “plain touch” exception to… Read more
State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding: ¶36 In her final argument, Limon argues that when the officer opened her purse, the search exceeded the scope of a valid weapons frisk under Terry. Although Terry provides only for an officer “to… Read more
State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: Although an “anticipatory” search warrant may be issued to seize property in transit, a warrant may not condition its execution on verification of an address, ¶¶16-24 … Read more
State v. Juan A. Casarez, 2008 WI App 166 For Casarez: Adam C. Essling Issue/Holding: ¶12 Although Casarez concedes the affidavit establishes probable cause that he committed a crime, he asserts that it contains no evidence to establish that a crime was committed at his home, that the gun was ever observed at his home… Read more
State v. Adrian J. Jackson, 2008 WI App 109 For Jackson: Craig S. Powell; Brian Kinstler Issue: Whether a warrant established probable cause to search either the entirety of a multi-unit residential building. Holding: ¶19 The magistrate was told only that the informant saw Jackson with two guns “at the residence of 4124 N. 21st Street”… Read more
State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: A search warrant that conditions its execution on verification of the target’s address violates the 4th amendment’s particularity requirement: ¶25 … The Fourth Amendment clearly sets forth the particularity requirement that must be satisfied prior to issuance of a warrant. … The… Read more
State v. Adrian J. Jackson, 2008 WI App 109 For Jackson: Craig S. Powell; Brian Kinstler Issue/Holding: A warrant describing the building to be searched only as “a two-story duplex residence” did not satisfy the particularity requirement: ¶9 If the location to be searched is not described with sufficient particularity to inform officers which unit in… Read more
