Waukesha County v. Eric D. Smith, 2008 WI 23, affirming unpublished decision For Smith: Kirk B. Obear Issue/Holding: ¶36 We conclude that under the circumstances of the present case, the Deputy’s knowledge at the time of the arrest would lead a reasonable law enforcement officer to believe that the defendant was operating a motor vehicle while under… Read more
2007-08 Term
State v. Dwight M. Sanders, 2008 WI 85, affirming as modified, 2007 WI App 174 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: Where the defendant had already been removed from the premises following his arrest, a search of his bedroom couldn’t be justified under a search-incident rationale: ¶51 The State contends that Officer Garcia’s second search… Read more
State v. Dwight M. Sanders, 2008 WI 85, affirming as modified, 2007 WI App 174 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶32 The protective sweep doctrine applies once law enforcement officers are inside an area, including a home. Once inside an area a law enforcement officer may perform a warrantless “protective sweep,” that is… Read more
State v. Ramon Lopez Arias, 2008 WI 84, on Certification For Arias: Lora B. Cerone, SPD, Madison Issue/Holding: A dog sniff is no more a “search” under the Wisconsin than the U.S. Constitution, at least with respect to vehicles: ¶22 We are unwilling to undertake such a departure here. First, we note that there is no constitutionally… Read more
State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue: Whether the person whose documents were produced by a bank pursuant to subpoena has standing to seek suppression of the documents. Holding: ¶24 A person has standing to seek judicial intervention when that person has “a personal stake in… Read more
State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue: Whether documents produced in violation of § 968.135 subpoena procedure are suppressible. Holding: ¶30 The State concedes, and properly so, that contrary to the requirements of Wis. Stat. § 968.135 no showing of probable cause was made to the… Read more
State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue: Whether statements made when confronted with documents produced in violation of § 968.135 subpoena procedure are suppressible. Holding: ¶81 The defendant’s motion to suppress the incriminating statements in the present case is substantially similar in nature to a motion… Read more
State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116 For LaCount: T. Christopher Kelly Issue/Holding: ¶29 The State was required to prove three elements beyond a reasonable doubt to convict LaCount of securities fraud. First, the prosecution had to establish that LaCount sold Wills a security, here, an investment contract. Wis. Stat. §… Read more
