State v. Pdero L. Nieves, 2007 WI App 189, PFR filed 7/6/07 For Nieves: Ralph Sczygelski Issue/Holding: ¶13 We conclude that probable cause to arrest for obstruction existed. An accumulation of factors contributed to Olsen’s suspicion that “Anthony Otero” was a false name which, in turn, led to the search. Olsen had been maintaining surveillance on… Read more
D. Search incident to arrest
State v. Pedro L. Nieves, 2007 WI App 189, PFR filed 7/6/07 For Nieves: Ralph Sczygelski Issue/Holding: ¶9 For purposes of this appeal, the propriety of the initial traffic stop is not challenged. Rather, Nieves argues that he should not have been arrested for his “innocuous seatbelt violation.” He was not. Indeed, Wis. Stat. § 347.48(2m)(gm)… 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: Police lacked probable cause to arrest for a drug offense under the following circumstances: ¶15 At the time the officers pursued Sanders into his home, the officers knew that the residence was located… Read more
State v. Tomas Payano-Roman, 2006 WI 47, reversing 2005 WI App 118 For Payano-Roman: Timothy A. Provis Issue: Whether post-arrest administration of a laxative, in order to recover a substance the arrestee had swallowed was an unreasonable intrusion, such that the result was suppressible. Holding: ¶36 More helpful than border search jurisprudence is Winston v. Lee, 470 U.S. 753… Read more
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: By fleeing from a police command to stop, the defendant provided probable cause to arrest for obstructing, and the officer therefore was acting with “lawful authority” under § 946.41(1), ¶¶77-78. … Read more
State v. Cesar Farias-Mendoza, 2006 WI App 134 For Farias-Mendoza: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: A suspect who had agreed to be transported to police headquarters for questioning was arrested within the meaning of the fourth amendment once the police left him unattended for over five hours in a locked room: ¶23 We disagree… Read more
State v. Michael D. Sykes, 2005 WI 48, affirming unpublished decision of court of appeals For Sykes: Jeffrey J. De La Rosa Issue/Holding: Where the police had probable cause to arrest for criminal trespass, they did not have to subjectively intend to arrest the person for that offense in order to perform a search incident to arrest. And, though… Read more
State v. Christopher M. Repenshek, 2004 WI App 229, PFR filed 12/17/04 For Repenshek: Stephen E. Mays Issue/Holding: The test for probable cause is purely objective, so that the arresting officer’s intent to arrest for a crime that is in fact non-existent is irrelevant. Because in Repenshek’s instance probable cause to arrest indisputably existed, his arrest was… Read more
