State v. Daniel H. Kutz, 2003 WI App 205, PFR filed 10/27/03 For Kutz: T. Christopher Kelly Issue/Holding: The police had probable cause to arrest Kutz for involvement in his wife’s disappearance where: there was reason to believe that she had suffered serious harm given that she hadn’t returned to her mother’s house as expected, her family… Read more
D. Search incident to arrest
State v. Cara A. Erickson, 2003 WI App 43 Issue/Holding: The following facts established probable cause to arrest, hence to take a warrantless blood draw, for OWI: ¶15. In this case, the officer knew the following information when he ordered the blood draw. At about 5:40 a.m. on August 27, 2000, less than two hours… Read more
State v. James L. Larson, 2003 WI App 150 For Larson: Rex Anderegg Issue/Holding: ¶16. To determine if probable cause exists, the court must consider whether “the totality of the circumstances within the arresting officer’s knowledge at the time of the arrest would lead a reasonable police officer to believe … that the defendant was… Read more
State v. James W. Keith, 2003 WI App 47, PFR filed 3/5/03 For Keith: Christopher A. Mutschler Issue/Holding: Evidence not suppressible merely because seized by officer effectuating stop outside of his or her jurisdiction: there is no “reason to ignore the well-established rule that suppression is required only when evidence is obtained in violation of a… Read more
State v. Brian B. Burke, 2002 WI App 291, PFR filed 11/29/02 For Burke: Robert H. Friebert Issue/Holding: ¶22. We conclude that the members of the Wisconsin Constitutional Convention did not intend to create a legislative privilege from criminal arrest and prosecution when they included article IV, section 15 in the Wisconsin Constitution. The phrase… Read more
State v. Jay D. Krajewski, 2002 WI 97, affirming unpublished decision of court of appeals For Krawjewski: Christopher A. Mutschler Issue/Holding: ¶3. … (A) warrantless nonconsensual blood draw from a person arrested on probable cause for a drunk driving offense is constitutional based on the exigent circumstances exception to the warrant requirement of the Fourth Amendment, even if… Read more
State v. Eddie McAttee, 2001 WI App 262 For McAttee: Russell D. Bohach Issue: Whether McAttee’s arrest was supported by probable cause. Holding: ¶11. First, Detective Kuchenreuther was entitled to rely on Officer Smith’s knowledge of the confidential informant. See State v. Black, 2000 WI App 175, ¶17 n.4, 238 Wis. 2d 203, 617 N.W.2d 210 (arresting… Read more
State v. Robert F. Hart, 2001 WI App 283 For Hart: John Deitrich Issue: Whether seizure of evidence may be sustained on a search-incident-to-arrest rationale, where the officer had probable cause to arrest, but was not going to arrest. Holding: ¶11. What happens, however, when the police officer does not intend to make an arrest? Here… Read more
