State v. Tina M. Miller, 2002 WI App 150, PFR filed 6/3/03 For Miller: Timothy A. Provis Issue/Holding: Based on evidence that the dog had been trained in drug detection, the police had probable cause to search the automobile once the dog alerted them, including probable cause to search a purse within the car. ¶¶12-15 But, keep… Read more
3. Exigent circumstances
State v. Dennis L. Daggett, 2002 WI App 32, PFR filed 1/10/02 For Daggett: Julie A. Smith Issue: Whether a warrantless draw of blood, following OWI arrest, is necessarily unreasonable if performed at the jail rather than hospital. Holding: There is no bright-line rule that a blood draw must be made in a hospital setting to be… Read more
State v. Michael J. Kryzaniak/Sherry L. Kryzaniak, 2001 WI App 44 For Kryzaniak: Raymond G. Meyer II Issue: Whether warrantless entry of a residence to arrest a third party was justified by the exigent circumstance of hot pursuit. Holding: ¶18 … (T)here was no immediate or continuous pursuit of a suspect from the scene of… Read more
State v. Edward Garrett, 2001 WI App 240, PFR filed For Garrett: Michael P. Sessa Issue: Whether warrantless entry of defendant’s apartment was justified under the exigent circumstances doctrine (risk that evidence — drugs — will be destroyed). Holding: Warrantless entry of a residence may be justified where both probable cause and exigent circumstances are shown. Probable… Read more
State v. Daniel Rodriguez, 2001 WI App 206, PFR filed 9/19/01 For Rodriguez: Diana Felsmann, SPD, Milwaukee Appellate Issue: Whether warrantless police entry of a residence was justified under the following circumstances: the location was a drug “hot spot”; before entry, undercover officers saw three people enter and quickly leave; drug arrests had been made at… Read more
State v. Kelsey C.R., 2001 WI 54 For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate Issue: Whether, if a seizure did occur when the police told a potentially vulnerable juvenile girl in a high crime area to “stay put,” it was justified under the community caretaker doctrine. Holding: (Lead, three-vote opinion:) Given the “strong public interest… Read more
State v. Bill Paul Marquardt , 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether the automobile exception allowed the warrantless search of defendant’s car. Holding: A warrantless search of a vehicle requires two showings: probable cause; and “ready” mobility of vehicle. ¶¶31-32. Because the defendant did not contest probable cause until his… Read more
State v. Paul J. VanLaarhoven, 2001 WI App 275 For VanLaarhoven: Michele Anne Tjader Issue: Whether a blood sample, properly obtained under the Implied Consent law, may be analyzed without a warrant. Holding: The Implied Consent law requires that all who apply for a driver’s license consent not only to provide a sample, but also a chemical… Read more
