State v. John Tomlinson, Jr., 2002 WI 91, affirming 2002 WI App 212, 247 Wis. 2d 682, 635 N.W.2d 201 For Tomlinson: John J. Gray Issue: Whether the police had consent from a minor to enter the defendant’s home in order to arrest him. Holding: Warrantless entry of a home to effectuate an arrest requires probable cause and exigent… Read more
C. Warrant unnecessary
Village of Little Chute v. Todd A. Walitalo, 2002 WI App 211, PFR filed 8/1/02 For Walitalo: Ralph A. Kalal Issue/Holding: ¶11. However, the arresting officer, by reading the informing the accused form, simply stated the truth: If Walitalo refused to submit to a chemical test, his driving privileges would be revoked. This statement did not involve… Read more
State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether Wallace’s consent for a strip search encompassed the more intrusive body cavity search that ensued (Wallace bent over and spread his buttocks). Holding: ¶29. We have concluded that Wallace voluntarily consented to a strip search, and the… Read more
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02 For Stout: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether the police must have reasonable suspicion before seeking consent to enter a residence. Holding: ¶17. We hold that there is no Fourth Amendment requirement of reasonable suspicion as a prerequisite to seeking consent to… Read more
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
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
