County of Jefferson v. Renz, 231 Wis.2d 293, 603 N.W.2d 541 (1999), reversing Jefferson Co. v. Renz, 222 Wis. 2d 424, 588 N.W.2d 267 (Ct. App. 1988) For Renz: Stephen E. Mays. Issue: Whether an officer is required to have probable cause to arrest before asking a suspect to submit to a preliminary breath test. Holding: The “overall… Read more
1. Consent
State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998) For Stankus: Steven J. Watson Issue/Holding: The number of officers present does not, by itself, conclusively demonstrate coercion, but is a factor to consider among others. Thus, consent was validly given following a valid traffic stop that had lasted only 5… Read more
State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998) For Stankus: Steven J. Watson Issue/Holding: Telling the officer that the trunk did not open failed to limit the scope of consent to search the trunk when the driver also said, “you can even look in the trunk”: His statement that… Read more
State v. Jason Phillips, 209 Wis.2d 559, 563 N.W.2d 573 (1997), reversing State v. Phillips, 209 Wis. 2d 559, 563 N.W.2d 573 For Phillips: Arthur B. Nathan Holding: Consent to search is question of constitutional (as opposed to historical) fact, and therefore subject to independent review on appeal. Defendant consented to warrantless search of bedroom: agents went to… Read more
State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997) For Kiekhefer: Linda Hornik Issue/Holding: “Police may not threaten to obtain a search warrant when there are no grounds for a valid warrant, but `[w]hen the expressed intention to obtain a warrant is genuine … and not merely a pretext to… Read more
