State v. John R. Maloney, 2004 WI App 141, affirmed on other grounds, 2005 WI 74 For Maloney: Lew A. Wasserman Issue/Holding: ¶11. The trial court held that there had been no violation of SCR 20:4.2 and that even if there had been, suppression would not be the remedy. We agree with the trial court that suppression is not… Read more
7. Statutory violations
State v. Peter R. Cash, 2004 WI App 63 For Cash: Lynn M. Bureta Issue/Holding: Any violation of § 175.40(6), which regulates the arrest power of an officer operating outside territorial jurisdiction would not support suppression as a remedy: ¶30. Assuming arguendo that the Waukesha County Sheriff’s Department had not adopted the written policies required by Wis… Read more
State v. Joseph Steffes, 2003 WI App 55, PFR filed 3/13/03 For Steffes: Daniel P. Ryan Issue/Holding: Violation of administrative code provision does not support suppression. ¶¶9, 25. But: this decision was based largely on State ex rel. Peckham v. Krenke, 229 Wis. 2d 778, 601 N.W.2d 287 (Ct. App. 1999), a case that was essentially overruled… Read more
State v. James W. Keith, 2003 WI App 47, PFR filed 3/5/03 For Keith: Christopher A. Mutschler Issue/Holding: Evidence not suppressible merely because seized by officer effectuating stop outside of his or her jurisdiction: there is no “reason to ignore the well-established rule that suppression is required only when evidence is obtained in violation of a… Read more
State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶25. We conclude, however, that we need not address whether police may conduct a consensual strip search free of the statutory restrictions. Absent a constitutional violation, a court may not suppress evidence obtained in violation of a… Read more
State v. Debra Noble, 2002 WI 64, reversing 2001 WI App 145, 246 Wis. 2d 533, 629 N.W.2d 31 For Noble: Thomas H. Boyd Issue/Holding: Suppression of evidence is required only where it has been obtained in violation of the defendant’s constitutional rights or of a statute specifically providing for suppression as a remedy. ¶14. Issue: Whether, assuming… Read more
State v. Albert Jackowski, 2001 WI App 187 For Jackowski: Ronald C. Shiroka Issue: Whether violation of a statutory requirement for issuance of a building inspection warrant (namely, the § 66.0119(2) condition that such a warrant be issued only upon showing that consent to enter was refused) supports suppression of evidence obtained after entry under the warrant. Holding… Read more
