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
H. Exclusionary rule
State v. Lance R. Ward, 2000 WI 3, 231 Wis.2d 723, 604 N.W.2d 517, reversing State v. Ward, 222 Wis. 2d 311, 588 N.W.2d 645.For Ward: Daniel P. Dunn Issue: Whether the exclusionary rule applies where the police relied on judge-made law that automatically countenanced all no-knock entries to search for drugs and that law… Read more
State v. Lisa Orta and Ricardo Ruiz, 2000 WI 4, 231 Wis.2d 782, 604 N.W.2d 543, reversing unpublished decision For Orta: Mark F. Nielsen, Schwartz, Tifte & Nielsen For Ruiz: Michael P. Reisterer, Jr. For amici (SPD & WACDL): Mary E. Waitrovich, SPD, Madison Appellate, & Howard B. Eisenberg Issue: Whether the exclusionary rule applies… 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
State v. Jason Phillips, 209 Wis.2d 559, 563 N.W.2d 573 (1997), reversing 209 Wis. 2d 559, 563 N.W.2d 573 For Phillips: Arthur B. Nathan Issue/Holding: Entry into defendant’s bedroom was preceded by a concededly illegal entry into defendant’s living area, in basement of house. The court holds that any taint was dissipated by the time consent was given… Read more
