State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether the search warrant was supported by probable cause. Holding: ¶18. …. The State points to several facts in the affidavits: (1) Mary’s telephone was off the hook the day she was killed, suggesting “that the perpetrator had… Read more
B. Search warrants
State v. Cherise A. Raflick, 2001 WI 129 For Raflik: Michael J. Fitzgerald, Dean A. Strang Issue/Holding: ¶1. This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12(3)(d)1, and when the factual basis for the… Read more
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State v. Lisa Orta and Ricardo Ruiz, 2000 WI 4, 231 Wis.2d 782, 604 N.W.2d 543, reversing unpublished decision For Orta: Mark F. Nielsen, Schwartz, Tifte & Nielsen For Ruiz: Michael P. Reisterer, Jr.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. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208, affirmed in pertinent part, but reversed on other grounds, 2001 WI 98, ¶¶21-26 For Eason (in SCt): Suzanne Hagopian, SPD, Madison Appellate Issue: Whether the no-knock warrant was supported by reasonable suspicion that announcing police presence would create danger. Holding: The showing… Read more
State v. Lance R. Ward, 2000 WI 3, 231 Wis.2d 723, 604 N.W.2d 517, reversing 222 Wis. 2d 311, 588 N.W.2d 645 For Ward: Daniel P. Dunn Issue: Whether the search warrant established probable cause despite the absence of an explicit connection between the owner’s alleged drug dealing and his residence. Holding: The supporting affidavit’s assertion that the… 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 officers executing a search warrant for Landis’s apartment exceeded the scope of the warrant when they entered and searched Herrmann’s separate residential unit on the same floor. Holding: The officers neither knew nor… Read more
State v. Keith Schroeder, 2000 WI App 128, 237 Wis.2d 575, 613 N.W.2d 911 For Schroeder: Kevin D. Musolf Issue/Holding: Inspection of child pornography on a computer, found during a warrant-authorized search of a computer for unrelated material, was in plain view so as to be subject to seizure without a separate warrant: 13 In order… Read more
