State v. Jack P. Lindgren, 2004 WI App 159, PFR filed 8/20/04 For Lindgren: Stephen M. Compton Issue/Holding: Search warrant application was supported by probable cause to search the defendant’s home and his computer, based on allegation of 15-year-old victim, that defendant had taken photographs of her posing nude, and had touched her vaginal area and admission… Read more
2. Probable cause
State v. Guy W. Colstad, 2003 WI App 25 For Colstad: T. Christopher Kelly Issue/Holding: Authority to administer a preliminary breath test requires probable cause to believe a drunk driving law has been violated. ¶23. Probable cause existed here, given the driver’s (mild) odor of intoxicants; the “suspicious circumstance” of the collision (i.e., with a child… Read more
State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03 For Schaefer: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether the search warrant was supported by probable cause to believe that the defendant currently possessed child pornography. Holding: ¶17. “[E]very probable cause determination must be made on a case-by-case basis, looking at the totality of… Read more
State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89For Multaler: Jeffrey W. Jensen Issue/Holding: ¶43. This court has explained on at least one prior occasion that both the experience and special knowledge of police officers who are applying for search warrants are among the facts… Read more
State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89 For Multaler: Jeffrey W. Jensen Issue/Holding: The affidavit in support of search warrant established probable cause to believe that Multaler was guilty of homicide, ¶¶13-28: he was tied directly and circumstantially to the victims; his actions were… Read more
State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89 For Multaler: Jeffrey W. Jensen Issue/Holding: Multaler seeks suppression of pornographic images found by the police while executing a search warrant for evidence of serial homicides committed more than 20 years earlier – in other words, that the information was too… Read more
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: ¶13. There are no longer specific prerequisites to a finding of confidential informant reliability. Rather, the current test simply requires courts to “consider all of the circumstances set forth in the affidavit, including the veracity and basis of knowledge… Read more
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: Although the age of the information in the warrant application – six months – gives pause, it isn’t sufficiently stale to defeat probable cause for drug trafficking. ¶22 Jones argues that the key information in the warrant affidavit—the informant’s allegations—was over… Read more
