State v. Brandon L. Wheat, 2002 WI App 153, PFR 6/14/02 For Wheat: Steven A. Koch, Bradley J. Lochowicz Issue/Holding: Because the exclusionary rule doesn’t apply at revocation hearings, “(a) reasonable probation search, as conducted here, is lawful even if the probation officer relies, in part, on information from law enforcement officials in violation of the Fourth… Read more
E. Administrative searches
State v. Charles J. Hajicek, 2001 WI 3, 240 Wis. 2d 349, 620 N.W.2d 781, reversing 230 Wis. 2d 697, 602 N.W.2d 93 (Ct. App. 1999) For Hajicek: Bruce J. Rosen, Susan C. Blesener Issue1: Whether a trial court finding that a search conducted jointly by probation and police agents was a police rather than probation search… Read more
State v. Albert Jackowski, 2001 WI App 187 For Jackowski: Ronald C. Shiroka Issue: Whether violation of a statutory requirement for issuance of a building inspection warrant (namely, the § 66.0119(2) condition that such a warrant be issued only upon showing that consent to enter was refused) supports suppression of evidence obtained after entry under the warrant. Holding… Read more
State v. Albert Jackowski, 2001 WI App 187 For Jackowski: Ronald C. Shiroka Issue1: Whether review of issuance of an administrative warrant is entitled to the same deference as a criminal search warrant. Holding: “Great deference” is no less accorded a magistrate’s decision to issue an administrative warrant than a criminal search warrant. ¶¶9-14. Issue2: Whether a building… Read more