"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.
When officers stopped a car containing 3 men meeting the description of robbery suspects within 7 minutes after the robbery and found a gun on one, they could properly search the car for other guns and money. State v. Russell, 60 Wis. 2d 712, 211 N.W.2d 637.
Given a valid arrest, a search is not limited to weapons or evidence of a crime, nor need it be directed to or related to the purpose of the arrest, because one who has contraband or evidence of crime on him travels at his own risk when he is validly arrested for any reason, hence the reasonableness of a search incident thereto no longer depends on the purpose of the search in relation to the object of the arrest. State v. Mabra, 61 Wis. 2d 613, 213 N.W.2d 545.
Under the "open fields" doctrine, evidence that a body was found 450 feet from the defendant's house during random digging done at the direction of the sheriff acting without a warrant was properly admitted into evidence. Conrad v. State, 63 Wis. 2d 616, 218 N.W.2d 252.
Seizure by police of a large quantity of marijuana from the defendant's 155-acre farm did not contravene their 4th amendment rights. State v. Gedko, 63 Wis. 2d 644, 218 N.W.2d 249.
The search of the defendant's wallet after his arrest on unrelated charges that led to the discovery of a newspaper article about a crime that, after questioning, the defendant admitted to committing was proper in order to find weapons or contraband which might be hidden there. State v. Mordeszewski, 68 Wis. 2d 649, 229 N.W.2d 642.
The seizure by police officers of a box of cartridges from under the edge of a couch on which the defendant was resting at the time of his arrest was proper under the plain-view doctrine, since if police have a prior justification to be present in a position to see an object in plain view and its discovery is inadvertent, the object may be seized, and the use of a flashlight by one of the officers did not defeat the inadvertence requirement. Sanders v. State, 69 Wis. 2d 242, 230 N.W.2d 845.
A warrantless search of 2 persons for concealed weapons was reasonable when an armed robbery with a sawed-off shotgun had been committed a short time before by two men, one of whom matched the description given for one of the robbers. Penister v. State, 74 Wis. 2d 94, 246 N.W.2d 115.
The doctrine of exigency is founded upon actions of the police that are considered reasonable. The element of reasonableness is supplied by a compelling need to assist the victim or apprehend those responsible, not the need to secure evidence. West v. State, 74 Wis. 2d 390, 246 N.W.2d 675.
A warrantless search by a probation officer was constitutionally permissible where probable cause existed for the officer to attempt to determine whether the probationer had violated the terms of probation. State v. Tarrell, 74 Wis. 2d 647, 247 N.W.2d 696.
The plain view doctrine does not apply if the observation is not made inadvertently or if the officer does not have the right to be in the place from which the observation is made. State v. Monahan, 76 Wis. 2d 387, 251 N.W.2d 421.
Warrantless searches of automobiles discussed. Thompson v. State, 83 Wis. 2d 134, 265 N.W.2d 467 (1978).
The criteria used as justification for warrantless searches of students by teachers discussed. Interest of L.L. v. Washington County Cir. Ct. 90 Wis. 2d 585, 280 N.W.2d 343 (Ct. App. 1979).
A warrantless entry under the emergency rule justified a subsequent entry that did not expand the scope or nature of the original entry. La Fournier v. State, 91 Wis. 2d 61, 280 N.W.2d 746 (1979).
An investigatory stop-and-frisk for the sole purpose of discovering a suspect's identity was lawful under the facts of the case. State v. Flynn, 92 Wis. 2d 427, 285 N.W.2d 710 (1979).
Furnishing police with bank records of a depositor who had victimized the bank was not an unlawful search and seizure. State v. Gilbertson, 95 Wis. 2d 102, 288 N.W.2d 877 (Ct. App. 1980).
Evidence obtained during a mistaken arrest is admissible as long as the arresting officer acted in good faith and had reasonable articulable grounds to believe that the suspect was the intended arrestee. State v. Lee, 97 Wis. 2d 679, 294 N.W.2d 547 (Ct. App. 1980).
A warrantless entry into the defendant's home was validated by the emergency doctrine where the officer reasonably believed lives were threatened. State v. Kraimer, 99 Wis. 2d 306, 298 N.W.2d 568 (1980).
The warrantless search of a fisherman's truck by state conservation wardens under statutory inspection authority was presumptively reasonable. State v. Erickson, 101 Wis. 2d 224, 303 N.W.2d 850 (Ct. App. 1981).
A detained suspect's inadvertent exposure of contraband was not an unreasonable search. State v. Goebel, 103 Wis. 2d 203, 307 N.W.2d 915 (1981).
Under Michigan v. Tyler, the warrantless search of an entire building on the morning after a localized fire was reasonable as it was the continuation of the prior night's investigation that had been interrupted by heat and nighttime circumstances. State v. Monosso, 103 Wis. 2d 368, 308 N.W.2d 891 (Ct. App. 1981).
A warrantless entry into a home was validated by the emergency doctrine where an official's reasonable actions were motivated solely by the perceived need to render immediate aid or assistance, not by the need or desire to obtain evidence. State v. Boggess, 115 Wis. 2d 443, 340 N.W.2d 516 (1983).
A warrantless noninventory search of an automobile incident to arrest was permissible under the Belton rule. State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565 (1986).
Police having probable cause to believe a vehicle contains criminal evidence may search the vehicle without a warrant or exigent circumstances. State v. Tompkins, 144 Wis. 2d 116, 423 N.W.2d 823 (1988).
Fire fighting presents exigent circumstances justifying a warrantless entry. A fire fighter may contact police to inform them of the presence of illegal possessions in plain view. A subsequent warrantless search and seizure is proper. State v. Gonzalez, 147 Wis. 2d 165, 432 N.W.2d 651 (Ct. App. 1988).
A reasonable police inventory search is an exception to the warrant requirement. At issue is whether an inventory was a pretext for an investigative search. State v. Axelson, 149 Wis. 2d 339, 441 N.W.2d 259 (Ct. App. 1989).
When effecting a lawful custodial arrest of an individual in his home, a law enforcement officer may conduct a search of closed areas within the immediate area of the arrestee even though the search imposes an infringement on the arrestee's privacy interests. State v. Murdock, 155 Wis. 2d 217, 455 N.W.2d 618 (1990).
Under the circumstances presented, an officer properly conducted an inventory search resulting in the discovery of contraband in a purse left in a police car because the search was conducted pursuant to proper department policy. State v. Weide, 155 Wis. 2d 537, 455 N.W.2d 899 (1990).
Police corroboration of innocent details of an anonymous tip may give rise to reasonable suspicion to make a stop under the totality of circumstances. A suspect's actions need not be inherently suspicious in and of themselves. State v. Richardson, 156 Wis. 2d 128, 456 N.W.2d 830 (1990).
The validity of a "Good Samaritan" stop or entry requires that the officer had the motive only to assist and not to search for evidence, had a reasonable belief that the defendant needed help, and once the entry was made absent probable cause, that objective evidence existed giving rise to the investigation of criminal behavior. State v. Dunn, 158 Wis. 2d 138, 462 N.W.2d 538 (Ct. App. 1990).
The reasonableness of a search does not come into question unless a person had a reasonable privacy expectation. There is no reasonable expectation of privacy in TDD communications made from the dispatch area of a sheriff's department. State v. Rewolinski, 159 Wis. 2d 1, 464 N.W.2d 401 (1990).
A parolee's liberty is conditional. A judicially issued warrant is not required for the seizure of an alleged parole violator in his home. State v. Pittman, 159 Wis. 2d 764, 465 N.W.2d 245 (Ct. App. 1990).
The evidentiary search of a person not named in a search warrant but present during the search of a residence reasonably suspected of being a drug house, was reasonable. State v. Jeter, 160 Wis. 2d 333, 466 N.W.2d 211 (Ct. App. 1991).
A warrantless search of an apartment for evidence of occupancy where the police reasonably believed the tenant had vacated and the occupants were not legitimately on the premises was not unreasonable. The 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).
Blood may be drawn in a search incident to an arrest if police have reasonable suspicion that blood contains evidence of a crime. State v. Seibel, 163 Wis. 2d 164, 471 N.W.2d 226 (1991).
Where it is asserted that a search was incident to an arrest, an objective test that assesses the totality of circumstances is applied to determine if an arrest occurred. Where no arrest has occurred there can be no full warrantless search. The prior subjective test is abrogated. State v. Swanson, 164 Wis. 2d 437, 475 N.W.2d 148 (1991).
When a convicted defendant is awaiting sentencing for a drug related offense where probation is a sentencing option, the judge may order, without a warrant, probable cause or individualized suspicion, that the defendant submit to urinalysis to determine if drugs are present. State v. Guzman, 166 Wis. 2d 577, 480 N.W.2d 446 (1992).
Drawing of blood sample without consent is reasonable when, 1) it is drawn incident to an arrest, 2) there is a clear indication that the desired evidence will be found and 3) exigent circumstances exist. Rapid dissipation of blood alcohol is an exigent circumstance. Force allowable in obtaining a sample discussed. State v. Krause, 168 Wis. 2d 578, 484 N.W.2d 347 (Ct. App. 1992).
The exception allowing the warrantless search of automobiles is not extended to a camper trailer unhitched from a towing vehicle. State v. Durbin, 170 Wis. 2d 475, 489 N.W.2d 655 (Ct. App. 1992).
A warrantless search of a commercial premises without the owner's consent where a licensing ordinance provided that the licensed premises "shall be open to inspection at any time" was illegal. State v. Schwegler, 170 Wis. 2d 487, 490 N.W.2d 292 (Ct. App. 1992).
The frisk of a person not named in a search warrant during the execution of the warrant was reasonable where the occupants of the residence were very likely to be involved in drug trafficking. Drugs felt in a pocket during the frisk were lawfully seized where the officer had probable cause to believe there was a connection between what was felt and criminal activity. State v. Guy, 172 Wis. 2d 86, 492 N.W.2d 311 (1992).
Dissipation of alcohol in the bloodstream constitutes a sufficient exigency to justify a warrantless blood draw when made at an officer's direction following an arrest for OWI. State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993).
A warrantless protective sweep of a residence incident to an arrest requires the police to have a reasonable suspicion based on articulable facts that the residence harbors an individual posing a danger to the officers. State v. Kruse, 175 Wis. 2d 89, 499 N.W.2d 185 (Ct. App. 1993).
The six factor analysis for use in making determination of reasonableness of investigatory stop is discussed. State v. King, 175 Wis. 2d 146, N.W.2d (Ct. App. 1993).
The rule that a judicial determination of probable cause to support a warrantless arrest must be made within 48 hours applies to Wisconsin. The failure to comply did not require suppression of evidence not obtained because of the delay where probable cause to arrest was present. State v. Koch, 175 Wis. 2d 684, 499 N.W.2d 153 (1993).
Where a school adopts a written policy retaining ownership and possessory control of lockers, students have no reasonable privacy expectation in those lockers. Interest of Isiah B. 176 Wis. 2d 639, 500 N.W.2d 637 (1993).
An officer's step onto the threshold of the defendant's home constituted an entry subject to constitutional protection. State v. Johnson, 177 Wis. 2d 224, 501 N.W.2d 876 (Ct. App. 1993).
A defendant under lawful arrest has a diminished privacy interest in personal property inventoried by jail authorities and a warrantless search of the property where there is probable cause to believe it contains evidence is valid. State v. Jones, 181 Wis. 2d 194, 510 N.W.2d 784 (Ct. App. 1993). See also State v. Betterly, 183 Wis. 2d 165, 515 N.W.2d 911 (Ct. App. 1994).
A warrantless entry by uniformed officers to make arrests after undercover agents gained permissive entrance to the premises was justified under the consent exception and no exigent circumstances were required. State v. Johnston, 184 Wis. 2d 794, 518 N.W.2d 759 (1994).
A non-parolee living with a parolee has a legitimate expectation of privacy in shared living quarters, but a warrantless search authorized as a condition of parole can reasonably extend to all areas in which the parolee and non-parolee enjoy common authority. Evidence found in such a search may be used against the non-parolee. State v. West, 185 Wis. 2d 68, 517 N.W.2d 482 (1994).
The failure to conduct a probable cause hearing within 48 hours of arrest is not a jurisdictional defect and not grounds for dismissal with prejudice or voiding of a subsequent conviction unless the delay prejudiced the defendant;'s right to present a defense. State v. Golden, 185 Wis. 2d 763, 519 N.W.2d 659 (Ct. App. 1994).
Evidence obtained in a consensual search of the defendant's car where the consent was given during an illegal search was admissible as the evidence was not "come at" by information learned in the interrogation. State v. Goetsch, 186 Wis. 2d 1, 519 N.W.2d 634 (Ct. App. 1994).
A determination that an area was within a defendant's immediate control at the time of arrest does not give police authority to generally search the premises. Only a limited search is justified. State v. Angiolo, 186 Wis. 2d 488, N.W.2d 923 (Ct. App. 1994).
The plain view exception applies if the following criteria are met: 1) the officer must have prior justification for being present, 2) the evidence must be in plain view and its discovery inadvertent and 3) the seized item and facts known by the officer at the time of seizure must provide probable cause to believe there is a connection between a crime and the evidence. State v. Angiolo, 186 Wis. 2d 488, N.W.2d 923 (Ct. App. 1994).
Unlike private homes, warrantless inspections of commercial premises are not necessarily unreasonable. A warrantless inspection of a dairy farm under authority of ss. 93.08, 93.15 (2), 97.12 (1) and related administrative rules made without prior notice and without the owner being present was not unconstitutional. Because the administrative rules govern operations, equipment and processes not typically conducted in residential areas, the rules and statutes sufficiently preclude making warrantless searches of residences. Lundeen v. Dept. of Agriculture, 189 Wis. 2d 255, 525 N.W.2d 758 (1994).
An arrest warrant was not legal authority to enter and search the home of a third-party based on an officer's simple belief that the subject of the warrant might be there. The mere fact that the subject could leave was not an exigent circumstance justifying the warrantless search where the warrant was a pick-up warrant for failure to pay a traffic fine. State v. Kiper, 193 Wis. 2d 69, 532 N.W.2d 698 (1995).
Suppression of evidence is not required when a law enforcement officer obtains evidence outside his or her jurisdiction. Any jurisdictional transgression violates the appropriate jurisdiction's authority not the defendant's rights. State v. Mieritz, 193 Wis. 2d 571, 534 N.W.2d 632 (Ct. App. 1995).
