court of appeals decision (not recommended for publication) Arrest – Probable Cause Arrest based on probable cause where drug informant identified photo of Laster as person he just bought drugs from… Read more
D. Search incident to arrest
State v. Michael L. Popke, 2009 WI 37, reversing unpublished opinion For Popke: John Miller Carroll, Aaron W. Schenk Issue/Holding: Police had probable cause to believe Popke violated § 346.05, driving on right-side of highway: ¶16 In this case, the officer testified that he was sitting at a stop sign when the defendant turned left onto the road… Read more
State v. Mitchell A. Lange, 2009 WI 49, reversing unpublished opinion For Lange: Steven M. Cohen Issue/Holding: Probable cause to arrest for OWI was based on the following factors: ¶24 First, the driving that Officer Hoffman and Officer Penly witnessed is relevant. The driving was not merely erratic and unlawful; it was the sort of wildly dangerous driving… Read more
State v. Terion Lamar Robinson, 2009 WI App 97 For Robinson: Beth A. Eisendrath Issue/Holding: Given the trial court finding that Robinson either lived or stayed at the apartment, the police were authorized to enter to effectuate his arrest under auspices of an arrest warrant: ¶16 In Blanco, the police, who had an arrest warrant for Blanco… Read more
State v. Kevin Raphael Lee, 2009 WI App 96, PFR filed 7/1/09 For Lee: Robert E. Haney Issue/Holding: Police investigating complaint of drug dealing were entitled to enter apartment and conduct “protective sweep” when they saw, through the open front door, clear evidence of drugs: ¶13 The officers who presented themselves at Lee’s front door were investigating… Read more
State v. Mitchell A. Lange, 2009 WI 49, reversing unpublished opinion For Lange: Steven M. Cohen Issue/Holding: ¶2 We are asked to determine whether a law enforcement officer complied with the Fourth Amendment to the United States Constitution when obtaining a blood sample from the defendant without a warrant to do so. Our prior cases establish that… Read more
State v. Jordan A. Denk, 2008 WI 130, on certification For Denk: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: ¶33 We note at the outset that Officer Hahn testified he did not place Pickering under arrest until after he had performed searches of the eyeglass case and Denk’s clothing. This fact does not alter our analysis. In State… Read more
State v. Dwight M. Sanders, 2008 WI 85, affirming as modified, 2007 WI App 174 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶35 Accepting for the moment the State’s position that articulable facts exist to demonstrate that the officer had reasonable suspicion that other persons may be lurking in the defendant’s bedroom who would pose… Read more
