State v. James L. Larson, 2003 WI App 150 For Larson: Rex Anderegg Issue/Holding: A police officer’s stepping into the threshold of an apartment, preventing the occupant from closing the door, amounted to an “entry,” thereby triggering the fourth amendment warrant requirement. ¶¶10-11, following State v. Johnson, 177 Wis. 2d 224, 227, 501 N.W.2d 876 (Ct. App… Read more
A. Expectation of privacy
State v. Garry C. Eskridge, 2002 WI App 158, PFR filed 6/14/02 For Eskridge: Gregory Bates Issue: Whether a tenant had an expectation of privacy in the basement area of a multiple unit apartment building. Holding: A tenant’s expectation of privacy in the common areas of multiple unit buildings is decided on a case by case basis. ¶10. Because… Read more
State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether Wallace voluntarily consented, or merely acquiesced, to a strip search following arrest for a minor traffic violation. Holding: ¶19. The police made their request during the booking process and before Wallace’s bond had been posted. We concur… Read more
State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether Wallace’s consent for a strip search encompassed the more intrusive body cavity search that ensued (Wallace bent over and spread his buttocks). Holding: ¶29. We have concluded that Wallace voluntarily consented to a strip search, and the… 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. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126 For defendants: Robert R. Henak Issue: Whether warrantless police entry of a stairway in a multiple unit building was lawful. Holding: Existence of reasonable expectation of privacy in a stairway leading to the upper levels of… Read more
State v. Derrick Benton, 2001 WI App 81 For Benton: James Kachelski. Issue: Whether the defendant can challenge seizure of property from an auto where he claimed no ownership or possessory interest in either the auto or the seized property. Holding: ¶11 Although the trial court upheld the search of the car in which Benton was… Read more
State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126 For defendants: Robert R. Henak Issue: Whether a guest temporarily on premises used primarily for commercial purposes had standing to assert suppression of evidence seized after unlawful police entry. Holding:: Notwithstanding certain language in Minnesota v… Read more
