State v. Cesar Farias-Mendoza, 2006 WI App 134 For Farias-Mendoza: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: The “causal chain” between the defendant’s illegal arrest and his statement wasn’t attenuated where: he gave the statement within 25 minutes of the circumstance establishing the arrest, ¶¶28-29; there were no intervening circumstances, ¶¶30-31; and, there were suggestions of… Read more
2. Attenuation of taint
State v. David J. Roberson, 2005 WI App 195, affirmed on other grounds, 2006 WI 80 For Roberson: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: “(E)vidence acquired outside of the home after an in-home arrest in violation of Payton is not a product of the illegal governmental activity, if officers had probable cause to arrest developed apart from the illegal… Read more
State v. Robert F. Hart, 2001 WI App 283 For Hart: John Deitrich Issue: Whether a person voluntarily abandons property when throwing it to the ground during an illegal pat-down. Holding: ¶24. Our own research has uncovered cases that are fatal to the district attorney’s contention. In Lawrence v. Henderson, 478 F. 2d 705, 708 (5th Cir… Read more
State v. David L. Munroe, 2001 WI App 104 For Munroe: Peter Koneazny, SPD, Milwaukee Appellate Issue: Whether consent to search was valid notwithstanding illegal police activity. Holding: ¶13. The three factors that help to determine whether the taint of earlier illegal police activity has been attenuated by the time a consent to search is granted… Read more
State v. Patrick E. Richter, 2000 WI 58, 235 Wis. 2d 524, 612 N.W.2d 29, reversing 224 Wis. 2d 814, 592 N.W.2d 310 (Ct. App. 1999) For Richter: Susan Alesia, SPD, Madison Appellate Issue: Whether consent to search, immediately following warrantless entry of the home, sufficiently attentuated any taint from that entry. Holding: Consent was freely given and… Read more
State v. Kenneth M. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406 For Herrmann: Peter J. Morin Issue: Whether consent to search was valid, immediately following unlawful entry of the occupant’s apartment. Holding: Given the “coercive circumstances” – entry in middle of night, with officers yelling “search warrant” – any consent Herrmann… Read more
State v. Kenneth M. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406 For Herrmann: Peter J. Morin Issue: Whether the search warrant for Herrmann’s apartment was supported by evidence sufficiently untainted by an illegal entry into his apartment. Holding: The untainted discovery of nine marijuana plants, prior to the occurrence of the… Read more
State v. Luis E. Bermudez, 221 Wis. 2d 338, 585 N.W.2d 628 (Ct. App. 1998) For Bermudez: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Consent given following illegal entry was, though, voluntary, the fruit of the illegality: When applying the attenuation theory, the following must be considered: (1) the temporal proximity of the misconduct and the… Read more
