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
H. Exclusionary rule
State v. Tina M. Miller, 2002 WI App 150, PFR filed 6/3/03 For Miller: Timothy A. Provis Issue/Holding: ¶6. The Supreme Court first addressed whether the Fourth Amendment applies to canine sniffs in United States v. Place, 462 U.S. 696 (1983). … The Court then concluded “that the particular course of investigation that the agents intended… Read more
State v. Rayshun D. Eason, 2001 WI 98, reversing State v. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208 For Eason: Suzanne Hagopian, SPD, Madison Appellate Issue: Whether evidence obtained after entry of a home in violation of the announcement rule, because authorization was provided by an invalid no-knock warrant, is… Read more
State v. Wilton Tye, 2001 WI 124 For Tye: Mark D. Richards, Christy M. Hall Issue: Whether evidence seized under a search warrant, invalid on its face because unsupported by oath or affirmation, is covered by the good faith exception. Holding: ¶24. Fourth and finally, the State asks this court to allow admission of the seized… Read more
State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether evidence seized under a warrant defective because unsupported by probable cause may be admissible under the good-faith doctrine. Holding: Given that, subsequent to trial-level litigation, the supreme court recognized the good-faith exception to the exclusionary rule, in State v… 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. 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
