court of appeals decision (1-judge; not for publication); for Pintar: Sarvan Singh; BiC; Resp.; Reply Probable Cause – Traffic Violation The police had probable cause to believe Pintar violated § 343.13(1), given uncontroverted testimony that his vehicle “moved across the center skip line (of I-94) into the lane of a car that was approaching from… Read more
2. Probable cause
court of appeals decision (1-judge; not for publication); for Schlapper: Owen R. Williams; BiC; Resp.; Reply Probable Cause Based Search of Car, After Arrest of Passenger Police had probable cause to search car, after passenger threw marijuana out window; search-incident limitations imposed by Arizona v. Gant therefore inapplicable… Read more
State v. Michael A. Sveum, 2009 WI App 81, affirmed on other grounds, 2010 WI 92 For Sveum: Robert J. Kaiser, Jr. Issue/Holding: A search warrant for seizure of the sorts of items Sveum used or kept in connection with a 1996 stalking conviction established probable cause he was keeping such items in 2003: ¶35 The… Read more
State v. Jaime Romero, 2009 WI 32, reversing unpublished opinion For Romero: Thomas E. Hayes Issue/Holding: Search warrant affidavit, based in part on incriminatory statements of “unwitting” informant (“Mr. X”), established probable cause: ¶29 In the instant case a confidential informant told a law enforcement officer what someone else had told him. In such a case, the veracity… Read more
State v. Juan A. Casarez, 2008 WI App 166 For Casarez: Adam C. Essling Issue/Holding: ¶12 Although Casarez concedes the affidavit establishes probable cause that he committed a crime, he asserts that it contains no evidence to establish that a crime was committed at his home, that the gun was ever observed at his home… Read more
State v. Adrian J. Jackson, 2008 WI App 109 For Jackson: Craig S. Powell; Brian Kinstler Issue: Whether a warrant established probable cause to search either the entirety of a multi-unit residential building. Holding: ¶19 The magistrate was told only that the informant saw Jackson with two guns “at the residence of 4124 N. 21st Street”… Read more
State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: Search warrant based on drug transaction occurring 30 days earlier lacked probable cause, ¶32 n. 7: … From our review of the record, it would appear that probable cause as to the search of his residence was stale. The most recent information directly… Read more
State v. Dennis M. Gralinski, 2007 WI App 233 For Gralinski: Martin Kohler; Craig Powell, PFR filed 10/5/07 Issue: Whether use of the defendant’s credit card number to purchase online membership to a child pornography site established probable cause for a search warrant of the defendant’s home. Holding: ¶12 Gralinski argues that the special agent’s affidavit did… Read more
