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.
Marijuana plants discovered while officers, although mistaken, believed they were executing a valid search warrant of an adjacent apartment were properly admitted into evidence. Because the officers were required to cease all searching when they discovered that they were not operating within the scope of the warrant, incriminating statements and evidence obtained thereafter were properly suppressed. A warrant obtained for the second apartment based on the discovery of the marijuana plants was based on untainted evidence, and additional evidence obtained thereunder was admissible. State v. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406.
Police with an arrest warrant are authorized to enter a home if they have probable cause to believe that the person named in the warrant lives there and is present, but not to enter a 3rd-party's residence where the police believe the person to be a visitor. State v. Blanco, 2000 WI App 119, 237 Wis. 2d 395, 614 N.W.2d 512.
In searching a computer for items listed in a warrant, the police are entitled to examine all files to determine if their contents fall within the scope of the warrant. The first file containing evidence of other illegal activity is admissible under the plain view doctrine and is grounds for a warrant to search for more evidence of the second illegal activity. State v. Schroeder, 2000 WI App 128, 237 Wis. 2d 575, 613 N.W.2d 911.
Irrespective of whether the search warrant authorizes a "no-knock" entry, reasonableness is determined when the warrant is executed. State v. Davis, 2000 WI 270, 240 Wis. 2d 15, 622 N.W.2d 1.
A good faith exception to the exclusionary rule is adopted. When police officers act in objectively reasonable reliance upon a warrant that had been issued by a detached and neutral magistrate, the exception applies. For the exception to apply, the State must show that the process used in obtaining the search warrant included a significant investigation and a review by either a police officer trained and knowledgeable in the requirements of probable cause and reasonable suspicion or a knowledgeable government attorney. State v. Eason, 2001 WI 98, 245 Wis. 2d 206, 629 N.W.2d 625.
The constitutional validity of an unannounced entry in serving a warrant turns on whether the evidence introduced at the suppression hearing, including the facts known to the police but not included in the warrant application, was sufficient to establish a reasonable suspicion that knocking and announcing, under the particular circumstances, would be dangerous or futile, or would inhibit the effective investigation of the crime. State v. Henderson, 2001 WI 97, 245 Wis. 2d 345, 629 N.W.2d 613.
Whether tenants have a reasonable expectation of privacy in stairways and halls of rental property is to be determined by assessing each case on its individual facts and depends on whether the person has exhibited an actual subjective expectation of privacy in the area inspected and whether society is willing to recognize the expectation as reasonable. State v. Trecroci, 2001 WI App 126, 246 Wis. 2d 261, 630 N.W.2d 555.
There is a presumption that a warrantless search of a private residence is per se unreasonable. A warrantless search requires probable cause, not reasonable suspicion. Although flight from an officer may constitute reasonable suspicion, it does not rise to probable cause. For probable cause there must be a fair probability that contraband or evidence will be found in a particular place. State v. Rodriguez, 2001 WI App 206, 247 Wis. 2d 734, 634 N.W.2d 844.
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.
The absence of an oath or affirmation supporting the issuance of a warrant is not a mere technicality or matter of formality. Absence of an oath subjects evidence seized under the defective warrant to suppression. State v. Tye, 2001 WI 124, 248 Wis. 2d 530, 636 N.W.2d 473.
If a telephone warrant application has not been recorded and there is no evidence of intentional or reckless misconduct on the part of law enforcement officers, a reconstructed application may serve as an equivalent of the record of the original application and can protect the defendant's right to a meaningful appeal and ability to challenge the admission of evidence. Courts should consider the time between the application and the reconstruction, the length of the reconstructed segment in relation to the entire warrant request, if there were any contemporaneous written documents used to reconstruct the record, the availability of witnesses used to reconstruct the record, and the complexity of the segment reconstructed. The issuing judge's participation may be appropriate. State v. Raflik, 2001 WI 129, 248 Wis. 2d 593, 636 N.W.2d 690.
Probable cause to arrest may be based on hearsay that is shown to be reliable and emanating from a credible source. Thus information from a confidential informant may supply probable cause if the police know the informant to be reliable. State v. McAttee, 2001 WI App 262, 248 Wis.2d 865, 637 N.W.2d 774.
The timeliness of seeking a warrant depends upon the nature of the underlying circumstances and concepts. When the activity is of a protracted and continuous nature, the passage of time diminishes in significance. Factors like the nature of the criminal activity under investigation and the nature of what is being sought have a bearing on where the line between stale and fresh information should be drawn in a particular case. State v. Multaler, 2001 WI App 149, 246 Wis. 2d 752, 632 N.W.2d 89. Affirmed, 2002 WI 35.
An affidavit in support of a search warrant is not a research paper or legal brief that demands citations for every proposition. An investigator's detailed listing of his sources of information and accompanying credentials, combined with his indication that his opinion was based upon his training and research provided a sufficient foundation for the opinion he gave in support of the warrant. State v. Multaler, 2002 WI 35, 252 Wis. 2d 54, 643 N.W.2d 437.
The use of an infrared sensing device to detect heat emanating from a residence constitutes a search requiring a warrant. State v. Lorager, 2002 WI App 5, 250 Wis. 2d 198, 640 N.W.2d 555. See also Kyllo v. U.S. 533 U.S. 27, 150 L. Ed. 2d 94 (2001).
An anonymous telephone tip that specified vehicle was driven by unlicensed person did not create articulable and reasonable suspicion of illegality justifying investigatory stop of auto and driver. 68 Atty. Gen. 347.
Where defendant makes substantial preliminary showing that affiant's false statement, knowingly or recklessly made, was basis of probable cause finding in search warrant affidavit, hearing must be held. Franks v. Delaware, 438 U.S. 154 (1978).
An "open-ended" search warrant was unconstitutional. Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 (1979).
Warrant to search premises for contraband implicitly carries with it limited authority to detain occupants during search. Michigan v. Summers, 452 U.S. 692 (1981).
Where officer, after stopping defendant's car at routine driver's license checkpoint, saw tied-off party balloon in plain sight, officer had probable cause to believe balloon contained illicit substance. Hence, warrantless seizure of balloon was legal. Texas v. Brown, 460 U.S. 730 (1983).
Court abandons "two-pronged" test of Aguilar and Spinelli and replaces it with "totality of the circumstances" approach in finding probable cause based on informer's tips. Illinois v. Gates, 462 U.S. 213 (1983).
Under new "totality of circumstances" test, informant's tip met probable cause standards. Massachusetts v. Upton, 466 U.S. 727 (1984).
Probable cause is required to invoke plain view doctrine. Arizona v. Hicks, 480 U.S. 321 (1987).
Evidence seized in reliance on a police record incorrectly indicating an outstanding arrest warrant was not subject to suppression where the error was made by court clerk personnel. Arizona v. Evans, 514 U.S. 1, 131 L. Ed. 2d 34 (1994).
There is no blanket exception to the knock and announce requirement for executing warrants. To justify no-knock entry, a reasonable suspicion that knocking and announcing will be dangerous or futile or will inhibit the effective investigation of a crime must exist. Richards v. Wisconsin, 520 U.S. 385, 137 L. Ed. 2d 615 (1997).
WARRANTLESS SEARCH AND SEIZURE
An officer making an arrest at a suspect's home pursuant to a warrant, after the suspect opens the door, can arrest for a narcotics violation based on narcotics in plain sight in the room. Schill v. State, 50 Wis. 2d 473, 184 N.W.2d 858.
Police officers properly in an apartment where drugs were discovered may pat down the pockets of a stranger who walks in and may seize a large, hard object felt, in order to protect themselves. State v. Chambers, 55 Wis. 2d 289, 198 N.W.2d 377.
After stopping and frisking the defendant properly, discovering several cartridges, the police were justified in looking under the car seat and in the glove compartment for a gun. State v. Williamson, 58 Wis. 2d 514, 206 N.W.2d 613.
When a valid arrest is made without a warrant, the officer may conduct a limited search of the premises. Leroux v. State, 58 Wis. 2d 671, 207 N.W.2d 589.
Where an officer, mistakenly believing in good faith that the occupants of a car had committed a crime, stopped the car and arrested the occupants, the arrest was illegal, but a shotgun in plain sight on the back seat could be seized and used in evidence. State v. Taylor, 60 Wis. 2d 506, 210 N.W.2d 873.
