State v. Mata, 230 Wis.2d 567, 602 N.W.2d 158 (Ct. App. 1999) For Mata: Daniel P. Murray. Issue: Whether the police had probable cause to search the passenger of a stopped car, based on the odor of “raw” marijuana. Holding: The odor of marijuana was sufficiently linked to the passenger to justify the search. The police… Read more
D. Search incident to arrest
State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Holding: After unlawfully intruding on a home’s curtilage and smelling marijuana burning inside the home, an officer approached Wilson and wouldn’t let him go to the bathroom without first patting him down. This, the… Read more
State v. Dale Gruen, 218 Wis. 2d 581, 582 N.W.2d 728 (Ct. App. 1998) For Gruen: Scott F. Anderson Issue/Holding: Temporary detention of Gruen based on reasonable suspicion that he had caused an automobile accident while intoxicated was not converted into arrest, where the 1st officer detained him for no more than 15 minutes until a… Read more
State v. Quartana, 213 Wis.2d 440, 570 N.W.2d 618 (Ct. App. 1997) For Quartana: Donal L. Connor II Issue/Holding: … Thus, when a person under investigation pursuant to a Terry stop is moved from one location to another, there exists a two-part inquiry. First, was the person moved within the “vicinity?” Second, was the purpose… Read more
