State v. Edward Garrett, 2001 WI App 240, PFR filed For Garrett: Michael P. Sessa Issue:Whether entry into a closet, after defendant was arrested in his residence, was justified under the “protective sweep” doctrine. Holding: Under Maryland v. Buie, 494 U.S. 325 (1990), the police may conduct a “protective sweep” of premises, incident arrest, of spaces immediately… Read more
D. Search incident to arrest
State v. Robert W. Wodenjak, 2001 WI App 216, PFR filed 8/31/01 For Wodenjak: Rex Anderegg Issue: Whether administration of a blood test, following OWI arrest, was reasonable under the fourth amendment, where the police first rejected the driver’s request for a (less invasive) breath test. Holding: As long as the standard for warrantless blood draw established… Read more
State v. Michael M. Longcore II, 2001 WI App 15, on appeal after remand of State v. Longcore I, 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999) For Longcore: William E. Schmaal, SPD, Madison Appellate Issue: Whether replacing a vehicle’s glass window with a plastic sheet violates the safety glass statute, § 347.43(1), so as to provide… Read more
State v. Robert J. Pallone, 2000 WI 77, 236 Wis. 2d 162, 613 N.W.2d 568, affirming State v. Pallone, 228 Wis. 2d 272, 596 N.W.2d 882 For Pallone: Steven J. Watson Issue: Whether the search of a vehicle passenger’s duffel bag, following the driver’s arrest for the forfeiture offense of having open intoxicants, was proper. Holding: The search… Read more
State v. Martin D. Triplett, 2005 WI App 255 For Triplett: Syovata Edari, SPD, Milwaukee Appellate / Milwaukee Trial Issue/Holding: ¶11 Despite the fact-specific nature of our analysis, we glean from the case law several useful guiding principles. First, an officer should confine his or her search “strictly to what [is] minimally necessary” to learn… Read more
State v. Antonion Blanco, Nora M. Al-Shammari, 2000 WI App 119, 237 Wis.2d 395, 614 N.W.2d 512 For Blanco: Michael P. Jakus Issue: Whether an arrest warrant provided authority for the police to enter the residence of a third party and arrest the person named in the warrant. Holding: ¶10 An arrest warrant authorizes the… Read more
State v. Walter Horngren, 2000 WI App 177, 238 Wis.2d 347, 617 N.W.2d 508 For Horngren: James M. Weber Issue/Holding1: ¶10 Horngren contends that the police entry, in response to a suicide threat, was made pursuant to WIS. STAT. § 51.15, “Emergency detention.” Therefore, he argues that the entry occurred while the officers were “engaging… Read more
State v. Joel L. Ritchie, 2000 WI App 136, 237 Wis.2d 664, 614 N.W.2d 837 For Ritchie: Stephen G. Bauer Holding: Various informants were sufficiently reliable to support probable cause: though they weren’t expressly identified as citizen informants, they wree not suspects but, rather, “were ordinary persons who answered questions and provided information in response to… Read more
