State v. Omark D. Ward, 2011 WI App 151 (recommended for publication); for Ward: Mary Scholle, SPD, Milwaukee Appellate; case activity Ineffective Assistance of Counsel – DNA Search Warrant Court commissioner’s order that Ward provide DNA sample violated “oath or affirmation” requirement for warrants: ¶10 Unless a person consents to giving a sample of his or her… Read more
B. Search warrants
State v. Wilson J. Behling, 2011AP483-CR, District 3, 10/18/11 court of appeals decision (1-judge, not for publication); for Behling: John M. Carroll; case activity Probable cause that Behling’s backpack contained contraband supported its seizure so that a warrant could be obtained and the item searched: ¶28 We conclude Hoffman had probable cause to believe Behling’s backpack contained… Read more
court of appeals decision (recommended for publication); for Little: Jeffrey W. Jensen; case activity Probable Cause to Arrest ¶14 In Stewart’s case, the pertinent facts are: • On March 10, 2009, a reliable confidential informant told Agent Gray that one of the people who had been arrested with Alderman McGee was going to be bringing cocaine to Milwaukee. After… Read more
State v. Cindy R. Billips, 2009AP2493-CR, District 2, 10/5/11 court of appeals decision (1-judge, not for publication); for Billips: Timothy R. Muth, Amy Lynn MacArdy; case activity Following OWI arrest supported by probable cause, the officer was authorized to search the vehicle for evidence relevant to the OWI arrest: ¶9 Here, it was reasonable for Kinservik… Read more
State v. Anastasia A. Lusty, 2010AP2827-CR, District 2, 9/21/11 court of appeals decision (not recommended for publication); for Lusty: Chandra N. Harvey, SPD, Madison Appellate; case activity Independent police investigation sufficiently corroborated enough details of tips from anonymous informants to support probable cause for a search warrant. ¶9 We reject Lusty’s argument. Based on our reading of the record… Read more
City of Sheboygan Falls v. John D. Prinsen, 2011AP700, District 2, 9/14/11 court of appeals decision (1-judge, not for publication); for Prinsen: Kirk B. Obear, Casey J. Hoff; case activity Probable cause supported stop for driving wrong way on highway, based on information provided ion a 911 call; State v. Rutzinski, 2001 WI 22, 241 Wis… Read more
on review of court of appeals certification request; for Williams: Jonas B. Bednarek; case activity Search Warrants – Issuance by Commissioner Issue (Composed by On Point): Whether § 757.69(1)(b) confers on court commissioner authority to issue search warrants, or whether Wis. Const. art. VII, § 2 reserves such power to judges. See prior post, here, for further discussion… Read more
State v. Steven A. Avery, 2011 WI App 124 (recommended for publication); for Avery: Martha K. Askins, Suzanne L. Hagopian, SPD, Madison Appellate; case activity Search Warrant – Execution – Reasonableness Warrant-based search of Avery’s property was a reasonable continuation of the original search 3 days earlier. General statement: ¶18 Generally, searches are subject to the… Read more
