D. Search incident to arrest

Waukesha County v. Eric D. Smith, 2008 WI 23, affirming unpublished decision For Smith: Kirk B. Obear Issue/Holding: ¶36 We conclude that under the circumstances of the present case, the Deputy’s knowledge at the time of the arrest would lead a reasonable law enforcement officer to believe that the defendant was operating a motor vehicle while under… 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: Where the defendant had already been removed from the premises following his arrest, a search of his bedroom couldn’t be justified under a search-incident rationale: ¶51      The State contends that Officer Garcia’s second search… Read more

State v. Tanya L. Marten-Hoye, 2008 WI App 19, (AG’s) PFR filed 2/20/08; prior history: Certification, rejected 9/10/07 For Marten-Hoye: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: Where the officer handcuffed the defendant and told her she was under arrest for an ordinance violation, but also told her that she would “be released if she continued to be cooperative,”… 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: ¶32      The protective sweep doctrine applies once law enforcement officers are inside an area, including a home. Once inside an area a law enforcement officer may perform a warrantless “protective sweep,” that is… Read more

State v. Jordan A. Denk, 2008 WI 130, on certification For Denk: Lora B. Cerone, SPD, Madison Appellate Issue: Whether the police may search, incident to the arrest of the driver, a passenger’s personal belongings (in this instance: an eyeglass case) found outside the vehicle. Holding: ¶56      The record indicates that Officer Hahn was concerned about the possible… Read more

State v. Jermichael James Carroll, 2008 WI App 161, affirmed, other grounds, 2010 WI 8 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: The police may, incident to lawful arrest for drug use, answer an incoming call on the arrestee’s cell phone, ¶¶27-29. Note that supreme court affirmed on different grounds, namely the exigent-circumstances need to preserve… Read more

State v. Jermichael James Carroll, 2008 WI App 161, affirmed on other grounds, 2010 WI 8 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: ¶26      While a person is not necessarily under arrest just because the officers display their weapons and place the individual in a squad car, those facts can support a determination that an… Read more