6. Search incident to arrest

State v. Jermichael James Carroll, 2008 WI App 161, affirmed on other grounds, 2010 WI 8 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: ¶26      While a person is not necessarily under arrest just because the officers display their weapons and place the individual in a squad car, those facts can support a determination that an… 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State v. Michael D. Sykes, 2005 WI 48, affirming unpublished decision of court of appeals For Sykes: Jeffrey J. De La Rosa Issue/Holding: Where the police had probable cause to arrest for criminal trespass, they did not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: Warrantless blood draw incident to arrest is authorized by State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993) and State v. Seibel, 163 Wis. 2d 164, 471 N.W.2d 226 (1991), even if the arrest is for a non-drunk-driving offense… Read more

State v. Christopher M. Repenshek, 2004 WI App 229, PFR filed 12/17/04 For Repenshek: Stephen E. Mays Issue/Holding: Refusal to submit to a PBT may support a conclusion of reasonable suspicion for a blood draw: ¶25. Key to understanding our analysis is understanding that Wis. Stat. § 343.303 does not contain a general prohibition on police requesting a PBT… Read more

State v. James A. Schmidt, 2004 WI App 235 For Schmidt: Daniel S. Diehn Issue: Whether § 343.305(5)(a) requires that the driver request an additional test after the police have administered the primary test and, if not, whether Schmidt’s pre-blood draw request for a breathalyzer was properly rejected. Holding: ¶11. Although Wis. Stat. § 343.305(4) and (5) use… 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State v. Jay D. Krajewski, 2002 WI 97, affirming unpublished decision of court of appeals For Krawjewski: Christopher A. Mutschler Issue/Holding: ¶3.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