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).
Non-objected to warrantless entry by police into living quarters is entry demanded under color of office granted in submission to authority rather than as an understanding and intentional waiver of a constitutional right. If consent is granted only in acquiescence to an unlawful assertion of authority, the consent is invalid. Moreover, an initial refusal to permit a search when asked militates against a finding of voluntariness. State v. Munroe, 2001 WI App 104, 244 Wis. 2d 1, 630 N.W.2d 223.
When officers gained entry into a motel room for the stated, but false, reason of determining whether the occupant had violated an ordinance requiring the presentation of proper identification when renting a room, any license granted by acquiescence to their entry vanished when proper identification was presented, and the officers had no authority to conduct a general search. State v. Munroe, 2001 WI App 104, 244 Wis. 2d 1, 630 N.W.2d 223.
A social guest who is not an overnight guest may have a reasonable expectation of privacy in premises giving standing to challenge a warrantless search if the guest's relationship to the property and host is firmly rooted. State v. Trecroci, 2001 WI App 126, 246 Wis. 2d 261, 630 N.W.2d 555.
Warrants for administrative or regulatory searches modify the conventional understanding of probable cause requirements for warrants since the essence of such a search is that there is no probable cause to believe a search will yield evidence of a violation. Refusal of consent is not a constitutional requirement for issuing the warrant, although it may be a statutory violation. Suppression only applies to constitutional violations. State v. Jackowski, 2001 WI App 187, 247 Wis. 2d 430, 633 N.W.2d 649.
A visual body cavity search is more intrusive than a strip search. It is not objectively reasonable for police to conclude that consent to a strip search includes consent to scrutiny of body cavities. State v. Wallace, 2002 WI App 61, 251 Wis. 2d 625, 642 N.W.2d 549.
There is no bright-line rule that a tenant in an unlocked apartment building with at least four units does not have a reasonable expectation of privacy in the common areas of the stairways, hallways, and basement. Whether there is a reasonable expectation of privacy is decided on a case by case basis. State v. Eskridge, 2002 WI App 158, ___ Wis. 2d ___, 647 N.W.2d 434.
A teenage child may have apparent common authority to consent to police entry into the family home justifying a warrantless entry. State v. Tomlinson, 2002 WI 91, 254 Wis. 2d 502, 648 N.W.2d 367.
Consent to a vehicle search, given following the conclusion of a traffic stop when the police had given verbal permission for the defendant to leave but continued to ask questions, was valid. Applying a "reasonable person" test, there was no "seizure" at the time and consent to the vehicle search was not invalid as a result of an illegal seizure. State v. Williams, 2002 WI 94, 253 Wis. 2d 99, 644 N.W.2d 919.
Detaining, in handcuffs, a person who had arrived at a motel room with the person who had rented the room pending the arrival of and during the execution of a search warrant for the hotel room was reasonable. Consent to a search of the person's living quarters completion of the search, which resulted in the seizure of illegal drugs, when the person had been repeatedly told she was being detained but was not under arrest was voluntarily given and not the product of an illegal seizure. State v. Vorburger, 2002 WI 105, ___ Wis. 2d ___, 648 N.W.2d 829.
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).
But What of Wisconsin's Exclusionary Rule? The Wisconsin Supreme Court Accepts Apparent Authority to Consent as Grounds for Warrantless Searches. Schmidt. 83 MLR 299.
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).
A probable cause determination in the face of a staleness challenge depends upon the nature of the underlying circumstances, whether the activity is of a protracted or continuous nature, the nature of the criminal activity under investigation, and the nature of what is being sought. 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).
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).
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).
An "anticipatory search warrant", a warrant issued before the necessary events have occurred which will allow a constitutional search, is subject to the same probable cause determination as a conventional search warrant. State v. Falbo, 190 Wis. 2d 328, 526 N.W.2d 814 (Ct. App. 1994).
That a person was a passenger in a vehicle in which cocaine was found in the trunk was not of itself sufficient to establish probable cause to arrest the person for being a part of a conspiracy to possess or sell the cocaine. State v. Riddle, 192 Wis. 2d 470, 531 N.W.2d 408 (Ct. App. 1995).
A search warrant authorizing the search of certain premises and "all occupants" was not unconstitutional where there was probable cause to believe that persons on the premises were engaged in illegal activities. State v. Hayes, 196 Wis. 2d 753, 540 N.W.2d 1 (Ct. App. 1995).
A request to perform field sobriety tests does not convert an otherwise lawful investigatory stop into an arrest requiring probable cause. County of Dane v. Campshure, 204 Wis. 2d 27, 552 N.W.2d 876 (Ct. App. 1996)
Probable cause is not required to justify a search conducted on school grounds by a police officer at the request of and in conjunction with with school authorities. A lesser "reasonable grounds" standard applies. State v. Angelia D.B. 211 Wis. 2d 140, 564 N.W.2d 682 (1997).
A suspect's seeming reluctance to have the front of his boxer shorts patted at or below the waist did not give rise to probable cause to search inside the shorts where no specific suspicion of a crime was focused on the suspect and no weapon or contraband had been plainly felt in a Terry pat down search. State v. Ford, 211 Wis. 2d 739, 565 N.W.2d 286 (Ct. App. 1997).
It is not necessary that a warrant explicitly state that delivery of the sought after contraband must take place before the search is initiated when the requirement is sufficiently implied. It is not necessary to describe in the affidavit in support of the warrant the exact role the police will play in delivering the contraband. State v. Ruiz, 213 Wis. 2d 200, 570 N.W.2d 556 (Ct. App. 1997).
A no-knock search cannot be founded on generalized knowledge. Fruits of an invalid no-knock search must be suppressed. State v. Stevens, 213 Wis. 2d 324, 570 N.W.2d 593 (Ct. App. 1997).
The showing required to sustain an unannounced entry parallels the reasonable suspicion standard for justifying investigative stops. The police must have reasonable suspicions based on specific articulable facts that announcing their presence will endanger safety or present an opportunity to destroy evidence. State v. Larson, 215 Wis. 2d 154, 572 N.W.2d 127 (Ct. App. 1997).
There is no constitutional requirement that an anticipatory search warrant contain explicit conditional language limiting the execution of the warrant until after delivery of the contraband. State v. Meyer, 216 Wis. 2d 729, 576 N.W.2d 260 (1998).
To dispense with the rule of announcement in executing a warrant, particular facts must be shown in each case that support an officer's reasonable suspicion that exigent circumstances exist. An officer's experience and training are valid relevant considerations. State v. Meyer, 216 Wis. 2d 729, 576 N.W.2d 260 (1998).
Police are not prevented from ever using evidence gleaned from an illegal search in a subsequent and independent investigation. Where the later investigation is not prompted by the information obtained in the earlier search, the information may be used. State v. Simmons, 220 Wis. 2d 775, 585 N.W.2d 165 (Ct. App. 1998).
The odor of a controlled substance provides probable cause to arrest when the odor is unmistakable and may be linked to a specific person under the circumstances of the discovery of the odor. The odor of marijuana emanating from a vehicle established probable cause to arrest the sole occupant of the vehicle. State v. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387 (1999).
Police have authority under a valid search warrant to enter unoccupied premises if the search is otherwise reasonable under the circumstances. Knocking and announcing is not required. State v. Moslavac, 230 Wis. 2d 338, 602 N.W.2d 150 (Ct. App. 1999).
"Probable cause to believe" does not refer to a uniform degree of proof, but instead varies in degree at different stages of the proceedings. County of Jefferson v. Renz, 231 Wis. 2d 293, 603 N.W.2d 541 (1999).
The test for finding probable cause to issue a warrant is not whether the inference drawn from the supporting affidavit is the only reasonable inference. The test is whether the inference drawn is a reasonable one. Because a warrant-issuing judge could reasonably infer that because a high volume dealer identified his supplier by name and street address and that the defendant owned a residence on that street, there was probable cause to search the residence. State v. Ward, 2000 WI 3, 231 Wis. 2d 723, 604 N.W.2d 517.
