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 the police were justified, under “protective sweep” rationale, to search a crawl space in a bathroom ceiling. Holding: Though narrowly confined to cursory inspection of places where a person might be hiding… Read more
D. Search incident to arrest
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. John C. Thorstad, 2000 WI App 199, 238 Wis. 2d 666, 618 N.W.2d 240 For Thorstad: Ralph A. Kalal Issue: Whether the warrantless blood draw complied with State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993). Holding: The four-part Bohling test — lawful arrest; reasonable suspicion that draw will show intoxication; method of drawing blood… Read more
State v. Joel L. Ritchie, 2000 WI App 136, 237 Wis.2d 664, 614 N.W.2d 837 For Ritchie: Steven G. Bauer Issue: What is the standard of review for an arrest warrant based on a criminal complaint? Holding: Although review of probable cause to support a complaint is independent, review of probable cause to support an arrest… Read more
State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999) For Zivcic: John J. Carter Issue/Holding: A sheriff’s deputy has authority to arrest in a city located in the county. Easy enough. Plus, there’s significant authority allowing a an officer to peform an out-of-jurisdiction arrest under a “citizen’s arrest” rationale: see State v… Read more
State v. Michael M. Longcore (I), 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999), affirmed by equally divided vote, 2000 WI 23, 233 Wis. 2d 278, 607 N.W.2d 620 For Longcore: William E. Schmaal, SPD, Madison Appellate. Issue/Holding: An officer stopped Longcore’s car because his back window had been replaced with a plastic covering… Read more
State v. Timothy M. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387, cert. denied, __ U.S. __ (1999), reversing, 218 Wis.2d 508, 582 N.W.2d 37 (Ct. App. 1998) For Secrist: Patrick M. Donnelly, SPD, Madison Appellate. Issue/Holding: The issue presented to the court is whether the odor of a controlled substance may provide probable cause to arrest, and… Read more
State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Issue/Holding: Ison lacked probable cause to arrest Wilson when he refused to allow Wilson to use the bathroom because at that time, Ison could not identify Wilson as the source of the marijuana odor… Read more
