Where an officer stopped a car for traffic violations and reached into the car to move papers obscuring the vehicle ID number, discovered evidence was admissible. New York v. Class, 475 U.S. 106 (1986).
The reasonable expectation of privacy was not violated when police, acting on an anonymous tip, flew over the defendant's enclosed backyard and observed marijuana plants. California v. Ciraolo, 476 U.S. 207 (1986).
Defendants have no reasonable privacy interest in trash left on a curb for pick-up. Therefore, a warrantless search is not prohibited under federal law. California v. Greenwood, 486 U.S. 35 (1988).
The use of a roadblock to halt a suspect's automobile constituted a seizure. Brower v. County of Inyo, 489 U.S. 593, 103 L. Ed. 2d 628 (1989).
The impeachment exception to the exclusionary rule does not extend to the use of illegally obtained evidence to impeach testimony of defense witnesses other than the defendant. James v. Illinois, 493 U.S. 307, 107 L. Ed. 2d 676 (1990).
For a seizure of a person to occur there must either be an application of force, however slight, or where that is absent, submission to an officer's "show of authority". California v. Hodari D. 499 U.S. 279, 113 L. Ed. 690 (1991).
Where an officer has no articulable suspicion regarding a person, but requests that person to allow the search of his luggage, there is no seizure of the person if a reasonable person would feel free to decline the officer's request or end the encounter. Florida v. Bostick, 501 U.S. 429, 115 L. Ed. 2d 389 (1991).
Fourth amendment protections against unreasonable searches and seizures extend to civil matters. The illegal eviction of a trailer home from a private park with deputy sheriffs present to prevent interference was an unconstitutional seizure of property. Soldal v. Cook County, 506 U.S. 56, 121 L. Ed. 2d 450 (1992).
Whether police must "knock and announce" prior to entering a residence in executing a warrant is part of the reasonableness inquiry under the 4th amendment. Wilson v. Arkansas, 514 U.S. 927, 131 L. Ed. 2d 976 (1995).
Public school students are granted lesser privacy protections than adults, and student athletes even less. Mandatory drug testing of student athletes did not violate the constitutional protection against unreasonable searches and seizures. School Dist. 475 v. Acton, 515 U.S. 646, 132 L. Ed. 2d 564 (1995).
It is a violation of the 4th amendment for police to bring members of the media or other 3rd persons into a home during the execution of a warrant when the presence of the 3rd persons in the home is not in aid of the execution of the warrant. Wilson v. Layne, 526 US 603, 143 L. Ed. 2d 818 (1999).
The "reasonableness" of the investigative detention: An "ad hoc" constitutional test. Wiseman. 67 MLR 641 (1984).
The exclusionary rule and the 1983-1984 term. Gammon. 68 MLR 1 (1984).
The constitutionality of the canine sniff search: From Katz to dogs. Fitzgerald. 68 MLR 57 (1984).
Analyzing the reasonableness of bodily intrusions. Sarnacki. 68 MLR 130 (1984).
The good faith exception to the exclusionary rule: The latest example of "new federalism" in the states. 71 MLR 166 (1987).
Search and seizure—abandonment. 1974 WLR 212.
Terry revisited: Critical update on recent stop-and-frisk developments. 1977 WLR 877.
The future of the exclusionary rule and the development of state constitutional law. 1987 WLR 377.
Search and Seizure of Computer Data. McChrystal, Gleisner, Kuborn. Wis. Law. Dec. 1998.
The good-faith exception to the exclusionary rule. Wiseman. WBB Aug. 1986.
CONSENT AND STANDING
The fact that consent to the search of a car was given while the defendant was in custody does not establish involuntariness. It was not improper for the police to tell the defendant that if a search did not produce stolen goods he would be released. Gautreaux v. State, 52 Wis. 2d 489, 190 N.W.2d 542.
Where police opened a package in the possession of an express company without a warrant or the consent of the addressee, persons later arrested in possession of the package, other than the addressee, have no standing to challenge the evidence on the ground of illegal search. Defendants would have to establish a possessory interest in the package at the time of the search. State v. Christel, 61 Wis. 2d 143, 211 N.W.2d 801.
The defendant was qualified to challenge the admissibility of evidence taken from his wife, where he and his wife were in each other's presence when arrested for the same crime, a search of her person at that time would have been at a place where the defendant had a legitimate right to be; the object of the search, incident to the arrest for robbery could only be for weapons and incriminating evidence against him and his wife; and this situation carried over into a custodial search of the wife which was thereafter conducted at the police station where the search occurred. State v. Mabra, 61 Wis. 2d 613, 213 N.W.2d 545.
Sons of a murdered property owner did not as such have authority to consent to a search of the premises. Kelly v. State, 75 Wis. 2d 303, 249 N.W.2d 800.
A person living in a tent in the yard of a house had no authority to grant consent to a warrantless search of the house. A police officer's observation through a window of a cigarette being passed in the house did not constitute probable cause for a warrantless search of the house for marijuana. "Plain view" doctrine discussed. State v. McGovern, 77 Wis. 2d 203, 252 N.W.2d 365.
An estranged wife had no authority to consent to the warrantless search of property she owned jointly with her defendant husband but did not occupy at that time. State v. Verhagen, 86 Wis. 2d 262, 272 N.W.2d 105 (Ct. App. 1978).
Paramour whose access to premises was at whim of lover had no legitimate expectation of privacy necessitating search warrant. State v. Fillyaw, 104 Wis. 2d 700, 312 N.W.2d 795 (1981).
Impoundment and subsequent warrantless inventory search of car, including locked glove box, were not unconstitutional. Automatic standing discussed. State v. Callaway, 106 Wis. 2d 503, 317 N.W.2d 428 (1982).
Defendant had no standing to contest legality of search of van because of lack of dominion and control over van. State v. Wisurmerski, 106 Wis. 2d 722, 317 N.W.2d 484 (1982).
Where defendant's mother admitted police into home to talk to her son, subsequent arrest of son was valid. State v. Rodgers, 119 Wis. 2d 102, 349 N.W.2d 453 (1984).
Where police reentered home to recreate crime 45 hours after consent to enter, evidence seized was properly suppressed. State v. Douglas, 123 Wis. 2d 13, 365 N.W.2d 580 (1985).
A person who borrows a car with the owner's permission has a reasonable expectation of privacy in the vehicle. State v. Dixon, 177 Wis. 2d 461, 501 N.W.2d 442 (1993).
In a consent search, voluntariness and freedom from coercion, not fully informed consent, must be shown; language and cultural background are relevant in determining whether the police took advantage in gaining consent. State v. Xiong, 178 Wis. 2d 525, 504 N.W.2d 428 (Ct. App. 1993).
All occupants of a vehicle in a police-initiated stop are seized and have standing to challenge the the lawfulness of the seizure. To establish lawfulness, the state must establish only that the police possessed reasonable, articulable suspicion to seize someone in the vehicle. State v. Harris, 206 Wis. 2d 242, 557 N.W.2d 247 (1996).
Consent to a search must be knowledgeably and voluntarily given. When consent is not requested, it cannot be knowledgeably and voluntarily given. State v. Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997).
A defendant's consent to a search obtained following illegal police activity may be admissible. The court must consider the temporal proximity of the misconduct to the statements by the defendant, the presence of intervening circumstances and the purpose and flagrancy of the misconduct. Application discussed. State v. Phillips, 218 Wis. 2d 180, 577 N.W.2d 794 (1998). See also State v. Bermudez, 221 Wis. 2d 338, 585 N.W.2d 628 (Ct. App. 1998).
Suddenly placing a police officer at each side of a vehicle just prior to asking for consent to search cannot be said to create or to be intended to create a coercive situation. State v. Stankus, 220 Wis. 2d 232, 582 N.W.2d 486 (Ct. App. 1998).
A person with no property interest who may have entered the premises legitimately but did not have permission to remain to the time of a search is without standing to challenge the search. State v. McCray, 220 Wis. 2d 705, 583 N.W.2d 668 (Ct. App. 1998).
To have standing to challenge the pre-delivery seizure of a package not addressed to the defendant, the defendant has the burden of establishing some reasonable expectation of privacy in the package, which will be determined on a case-by-case basis. State v. Ramirez, 228 Wis. 2d 561, 598 N.W.2d 247 (Ct. App. 1999).
Passengers had no "legitimate expectation of privacy" in glove box or under seat of car. Rakas v. Illinois, 439 U.S. 128 (1978).
Airport stop of person fitting drug courier profile was reasonable and subsequent search was pursuant to voluntary consent. United States v. Mendenhall, 446 U.S. 544 (1980).
Court may not suppress otherwise admissible evidence on ground that it was seized unlawfully from 3rd party not before court. United States v. Payner, 447 U.S. 727 (1980).
Defendants charged with crimes of possession may only claim benefits of exclusionary rule if their own 4th amendment rights have in fact been violated. United States v. Salvucci, 448 U.S. 83 (1980).
Where police entered 3rd party's house to execute arrest warrant, evidence discovered during search was inadmissible. Steagald v. United States, 451 U.S. 204 (1981).
Prisoner has no constitutionally protected reasonable expectation of privacy in cell. Hudson v. Palmer, 468 U.S. 517 (1984).
State need not prove that defendant consenting to search knew of right to withhold consent. Florida v. Rodriguez, 469 U.S. 1 (1984).
Warrantless entry to premises is permitted under fourth amendment where entry is based upon third party consent and where officers reasonably believed third party to possess authority to consent. Illinois v. Rodriguez, 497 U.S. 177, 111 L. Ed. 2d 148 (1990).
A defendant can urge suppression of evidence obtained in violation of constitutional protections only if that defendant's rights were violated. U.S. v. Padilla, 508 U.S. 954, 123 L. Ed. 2d 635 (1993).
The 4th amendment does not require that a seized person must be advised that he is free to go before his consent to a search can be recognized as voluntary. Ohio v. Robinette, 519 U.S. 33, 136 L. Ed. 2d 347 (1996).
As a matter of federal law, appellant cannot assert an alleged violation of his wife's Fourth amendment rights as a basis for suppression, at his trial, of evidence taken from his wife. Mabra v. Gray, 518 F.2d 512.
Zurcher: third party searches and freedom of the press. Cantrell. 62 MLR 35 (1978).
State v. Stevens: Consent by deception in the context of garbage searches. 1987 WLR 191.
PROBABLE CAUSE AND WARRANTS
Probable cause meeting constitutional requirements for issuance of the search warrant of defendant's premises was not established by testimony of a police officer that a youth found in possession of amphetamines informed the officer that a shipment of marijuana was being delivered to defendant's premises, where it was established that the officer had had no previous dealings with the informant and could not personally attest to the informant's reliability; hence the search warrant was invalid. State ex rel. Furlong v. Waukesha County Court, 47 Wis. 2d 515, 177 N.W.2d 333.
Probable cause for arrest without a warrant under the 4th amendment of the U.S. constitution is applicable in this state. Tests for probable cause discussed. A citizen informer is not subject to the requirement that the officer show prior reliability of his informant. State v. Paszek, 50 Wis. 2d 619, 184 N.W.2d 836.
Probable cause must exist prior to a search of body orifices. State v. Guy, 55 Wis. 2d 83, 197 N.W.2d 774.
An affidavit reciting that a reliable informant had reported seeing a large quantity of heroin in defendant's apartment is sufficient to support a search warrant. State v. Mansfield, 55 Wis. 2d 274, 198 N.W.2d 634.
Unauthorized out-of-court disclosures of private marital communications may not be used in a proceeding to obtain a search warrant. Muetze v. State, 73 Wis. 2d 117, 243 N.W.2d 393.
Search warrant designating entire farmhouse occupied by accused and "other persons unknown" was not invalid despite multiple occupancy. State v. Suits, 73 Wis. 2d 352, 243 N.W.2d 206.
Warrant authorizing search of "entire first-floor premises" encompassed balcony room which was part and parcel of first floor. Rainey v. State, 74 Wis. 2d 189, 246 N.W.2d 529.
Search warrant obtained on affidavit containing misrepresentations by police officer as to reliability of unnamed informant is invalid. Where search was conducted within reasonable time following arrest based on probable cause, search will be sustained even though it was conducted in execution of invalid warrant. Schmidt v. State, 77 Wis. 2d 370, 253 N.W.2d 204.
Affidavits for search warrants need not be drafted with technical specificity nor demonstrate quantum of probable cause required in a preliminary examination; the usual inferences which reasonable men draw from evidence are permissible, and doubtful or marginal cases should be resolved by the preference to be accorded to warrants. State v. Starke, 81 Wis. 2d 399, 260 N.W.2d 739.
Probable cause for arrest on charge of homicide by intoxicated use of motor vehicle justified taking blood sample without search warrant or arrest. State v. Bentley, 92 Wis. 2d 860, 286 N.W.2d 153 (Ct. App. 1979).
Defect in portion of search warrant did not invalidate entire search warrant. State v. Noll, 116 Wis. 2d 443, 343 N.W.2d 391 (1984).
"No knock" warrant to search drug dealer's house was invalid because of lack of specific information to indicate evidence would be destroyed otherwise. State v. Cleveland, 118 Wis. 2d 615, 348 N.W.2d 512 (1984).
At "Franks hearing" challenging veracity of statement supporting search warrant, defendant must prove that falsehood was intentional or with reckless disregard for truth and that false statement was necessary to finding probable cause. State v. Anderson, 138 Wis. 2d 451, 406 N.W.2d 398 (1987).
Under "independent source doctrine" court examines whether agent would have sought warrant had it not been for illegal entry, and if information obtained during entry affected decision to issue warrant. State v. Lange, 158 Wis. 2d 609, 463 Wis. 2d 390 (Ct. App. 1990).
Status check of driver's license arising out of police exercise of community care taker function is not a stop and does not require reasonable suspicion of crime. State v. Ellenbecker, 159 Wis. 2d 91, 464 N.W.2d 427 (Ct. App. 1990).
Seizure of package delivered to third party for limited investigative detention requires reasonable suspicion, not probable cause. State v. Gordon, 159 Wis. 2d 335, 464 N.W.2d 91 (Ct. App. 1990).
Evidentiary search of person not named in search warrant but present during search of residence reasonably suspected of being drug house, held to be reasonable. State v. Jeter, 160 Wis. 2d 333, 466 N.W.2d 211 (Ct. App. 1991).
Discussion of "staleness" as relates to information supporting search warrant. State v. Ehnert, 160 Wis. 2d 464, 466 N.W.2d 237 (Ct. App. 1991).
Warrant for seizure of film authorized seizure, removal and development of undeveloped film. State v. Petrone, 161 Wis. 2d 530, 468 N.W.2d 676 (1991).
Knowledge that dealer operating ongoing drug business was armed in his residence satisfied requirements for "no knock" search; reasonable belief that weapon will be used need not be shown. State v. Watkinson, 161 Wis. 2d 750, 468 N.W.2d 763 (Ct. App. 1991), State v. Williams, 168 Wis. 2d 970, 485 N.W.2d 42 (1992).
Warrantless search of apartment for evidence of occupancy where police reasonably believed tenant had vacated and occupants were not legitimately on premises was not unreasonable; defendant had no reasonable expectation of privacy in the apartment or in property kept there. State v. Whitrock, 161 Wis. 2d 960, 468 N.W.2d 696 (1991).
Informant need not have a "track record" established with police if totality of the circumstances indicate probable cause for search exists. State v. Hanson, 163 Wis. 2d 420, 471 N.W.2d 301 (Ct. App. 1991).
Severability rule under Noll applies where description of premises to be searched is over broad. State v. Marten, 165 Wis. 2d 70, 477 N.W.2d 304 (Ct. App. 1991).
If old information contributes to an inference that probable cause exists at the time of the application for a warrant, its age is no taint. State v. Moley, 171 Wis. 2d 207, 490 N.W.2d 764 (Ct. App. 1992).
Police serving a warrant are not required to ring a doorbell before forcing entry. State v. Greene, 172 Wis. 2d 43, 491 N.W.2d 181 (Ct. App. 1992).
Use of ruse to gain entry in execution of warrant where "no-knock" was not authorized does not violate announcement rule; special authorization is not required for the use of a ruse. State v. Moss, 172 Wis. 2d 110, 492 N.W.2d 627 (1992).
Discussion of period police must wait after announcing presence before making forcible entry to execute search warrant where "no knock" is not authorized. State v. Stevens, 173 Wis. 2d 290, 496 N.W.2d 201 (Ct. App. 1992).
Failure to comply with announcement rule was allowable where officers reasonably believed further announcement was futile. State v. Berry, 174 Wis. 2d 28, 496 N.W.2d 746 (Ct. App. 1993).
Compliance with announcement rule must be determined at time of execution: while advance request for "no-knock" authority is preferable if police at time of execution have grounds, failure to seek authorization is not fatal. State v. Kerr, 174 Wis. 2d 55, 496 N.W.2d 742 (Ct. App. 1993).
The incorrect identification of a building's address in the warrant did not render the resulting search unreasonable when the search made was of the building identified by the informant which was otherwise correctly identified in the warrant. State v. Nicholson, 174 Wis. 2d 542, 497 N.W.2d 791 (Ct. App. 1993).
Federal magistrate's decision on fourth amendment suppression hearing is not binding on state trial court where the state was not a party nor in privity with a party to the federal action and the federal case did not review errors in the proceeding. State v. Mechtel, 176 Wis. 2d 87, 499 N.W.2d 662 (1993).
The use of an infrared sensing device to detect heat emanating from a residence does not constitute a search within the meaning of the proscription of unlawful searches. State v. McKee, 181 Wis. 2d 354, 510 N.W.2d 807 (Ct. App. 1993).
An investigatory stop of an automobile based solely on the fact that the vehicle bore "license applied for" plates, and the reasonable inferences that could be drawn therefrom, was justified by reasonable suspicion. State v. Griffin, 183 Wis. 2d 327, 515 N.W.2d 535 (Ct. App. 1994).
For a violation of the requirement that a warrant be issued by a neutral and detached magistrate, actual bias and not the appearance of bias must be shown. State v. McBride, 187 Wis. 2d 408, 523 N.W.2d 106 (Ct. App. 1994).
