2. Probable cause

State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: There was an insufficiently established “nexus” between the contraband found in a package and its return address to support a search warrant for that address: ¶31 What Hennen does not describe in his affidavit is critical to our analysis. He never tells the reader that… Read more

State v. Dennis M. Gralinski, 2007 WI App 233 For Gralinski: Martin Kohler; Craig Powell, PFR filed 10/5/07 Issue/Holding: ¶26      Gralinski next contends that the warrant was invalid because it was based on stale information such that no inference could be drawn that the items sought in the warrant would be located in his home two… Read more

State v. Bill P. Marquardt, 2005 WI 157, on certification; prior history: 2001 WI App 219 For Marquardt: John Brinckman; Patricia A. Fitzgerald Issue/Holding: The good-faith exception is inapplicable when indicia of probable cause are so lacking as to render official belief in its existence unreasonable. This inquiry is distinct from the question of whether the supporting facts… Read more

State v. Bill P. Marquardt, 2005 WI 157, on certification; prior history: 2001 WI App 219 For Marquardt: John Brinckman; Patricia A. Fitzgerald Issue/Holding: The search warrant was supported by sufficient “indicia of probable cause” to trigger the good-faith exception, including the following: Marquardt had not been seen for two days following his mother’s homicide, raising suspicion about… Read more

State v. Sheldon C. Stank, 2005 WI App 236 For Stank: Dennis P. Coffey Issue: Whether Stank was entitled to an evidentiary hearing, relative to the credibility of the informant, in support of his attack on probable cause for the search warrant. Holding: ¶30      We hold that Stank was not entitled to such a hearing. In Morales… Read more

State v. Sheldon C. Stank, 2005 WI App 236 For Stank: Dennis P. Coffey Issue: Whether a time lag of two months between the informant’s observations and the application for the search warrant rendered the warrant stale. Holding: Passage of time dose not alone render probable cause stale; the warrant-issuing court may consider various factors, ¶33 (citing State… Read more

State v. Christopher M. Repenshek, 2004 WI App 229, PFR filed 12/17/04 For Repenshek: Stephen E. Mays Issue/Holding: Refusal to submit to a PBT may support a conclusion of reasonable suspicion for a blood draw: ¶25. Key to understanding our analysis is understanding that Wis. Stat. § 343.303 does not contain a general prohibition on police requesting a PBT… Read more