State v. Calvin R. Kolk, 2006 WI App 261 For Kolk: Michael Zell Issue/Holding: Information provided by a named, citizen informant (that Kolk had picked up drugs in Milwaukee and would be driving to Madison) was insufficiently reliable to support reasonable suspicion of criminal activity: ¶17 To recapitulate, the police were able to corroborate: (1) Kolk’s… Read more
a. Informant
State v. Eugene Patton, 2006 WI App 235 For Patton: Daniel R. Clausz Issue/Holding ¶10 Under appropriate circumstances, an informant’s tip can provide a law enforcement officer with reasonable suspicion to effectuate a Terry stop. Rutzinski, 241 Wis. 2d 729, ¶17; J.L., 529 U.S. at 270. However, before acting on an informant’s tip, the police must consider its reliability and content. Rutzinski, 241… Read more
State v. Eugene Patton, 2006 WI App 235 For Patton: Daniel R. Clausz Issue: Whether the police had reasonable suspicion to detain on the basis of an anonymous tip, where the suspects not only matched the description of the anonymously-reported armed robbery, but also engaged in potentially suspicious behavior in response to police presence. Holding: ¶21 Thus, the instant… Read more
State v. Jeffrey P. Powers, 2004 WI App 143 For Powers: Walter Arthur Piel, Jr. Issue/Holding: ¶9. Powers attacks the tip provided by the clerk at Osco; he contends that Bethia could not give it any credence. We begin by restating the obvious: when a caller provides his or her name, the tip is not… Read more
State v. Tabitha A. Sherry, 2004 WI App 207, PFR filed 11/19/04 For Sherry: Craig R. Day Issue: Whether an anonymous tip – to “Crime Stoppers,” predicting that a particularly described car with a specified license plate would be transporting a large amount of marijuana between neighboring towns – contained sufficient indicia of reliability to provide… Read more
Paul Rutzinski, 2001 WI 22, affirming unpublished opinion of court of appeals For Rutzinski: Craig A. Mastantuono, Maureen Fitzgerald Issue: Whether an unidentified motorist’s cell phone report of suspicious driving justified a stop. Holding: ¶38 In sum, we hold that the tip in this case provided sufficient justification for an investigative stop of Rutzinski. First… Read more
State v. Roosevelt Williams, 2001 WI 21, on remand, 529 U.S. 1050 (2000), previous history: State v. Roosevelt Williams, 225 Wis. 2d 159, 591 N.W.2d 823 (1999); State v. Williams, 214 Wis. 2d 412, 570 N.W.2d 892 (Ct. App. 1997) For Williams: Melinda Swartz, SPD, Milwaukee Appellate. Issue: “(W)hether an anonymous tip containing a contemporaneous report of drug trafficking, combined… Read more
State v. Michael A. Sisk, 2001 WI App 182 For Sisk: Elvis Banks Issue: Whether the police had reasonable suspicion to stop, based on information from a 911 call made from a payphone by an informant who provided nothing other than a name by way of identifying himself. Holding: ¶8. Here, because the caller gave what… Read more
