State v. Eric Dwayne Rogers, 2008 WI App 176, PFR filed 12/12/08 For Rogers: Mark D. Richards Issue/Holding: Although warrantless entry of and remaining in a home while a warrant was prepared was illegal, the warrant wasn’t based on any information turned up by this illegality and evidence seized during its execution was therefore admissible: ¶21 Still… Read more
H. Exclusionary rule
State v. Ramon Lopez Arias, 2008 WI 84, on Certification For Arias: Lora B. Cerone, SPD, Madison Issue/Holding: A dog sniff is no more a “search” under the Wisconsin than the U.S. Constitution, at least with respect to vehicles: ¶22 We are unwilling to undertake such a departure here. First, we note that there is no constitutionally… Read more
State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue: Whether the person whose documents were produced by a bank pursuant to subpoena has standing to seek suppression of the documents. Holding: ¶24 A person has standing to seek judicial intervention when that person has “a personal stake in… Read more
State v. Ellen T. Straehler, 2008 WI App 14 For Straehler: Daniel P. Fay Issue: Whether suppression is a remedy for violation of health care privacy laws (HIPAA; § 146.82). Holding1: ¶10 Straehler’s argument does not carry for a number of reasons. First, Straehler ignores the fact that HIPAA is limited in its scope and applicability… Read more
State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue: Whether documents produced in violation of § 968.135 subpoena procedure are suppressible. Holding: ¶30 The State concedes, and properly so, that contrary to the requirements of Wis. Stat. § 968.135 no showing of probable cause was made to the… Read more
State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue: Whether statements made when confronted with documents produced in violation of § 968.135 subpoena procedure are suppressible. Holding: ¶81 The defendant’s motion to suppress the incriminating statements in the present case is substantially similar in nature to a motion… Read more
State v. Christopher D. Sloan, 2007 WI App 146 Issue/Holding: ¶26 The trial court here did not find a nexus in the affidavit between the items sought and the house to be searched. Nonetheless, the trial court concluded, in deference to the judge who signed the warrant, that “[t]here’s the good faith exception here. If… Read more
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
