The inquiry into whether a warrant affidavit is "so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable," under Leon, must be different from the inquiry into whether the facts in the warrant application are "clearly insufficient to support a determination of probable cause." That the warrant application was insufficient to support the warrant-issuing judge's probable cause determination does not mean that the affidavit in support of the warrant was lacking in indicia of probable cause within the meaning of Leon. State v. Marquardt, 2005 WI 157, 286 Wis. 2d 204, 705 N.W.2d 878, 04-1609.
Eason added two requirements that must be met before the Leon good faith exception may apply. Under Eason, a "significant investigation" does not require a showing that the investigation yielded the probable cause that would have been necessary to support the search at issue. At the same time, a significant investigation for purposes of Eason refers to more than the number of officers or hours devoted to an investigation. State v. Marquardt, 2005 WI 157, 286 Wis. 2d 204, 705 N.W.2d 878, 04-1609.
The good faith exception under Leon is a doctrine that applies to police officers who execute a search warrant in the mistaken belief that it is valid. Good faith is not a doctrine that absolves the neutral and detached judge or magistrate from a careful, critical and independent analysis of the facts presented when exercising the responsibility of determining whether probable cause for a search warrant exists. State v. Sloan, 2007 WI App 146, 303 Wis. 2d 438, 736 N.W.2d 189, 06-1271.
Probable cause to believe that a person has committed a crime does not automatically give the police probable cause to search the person's house for evidence of that crime. State v. Sloan, 2007 WI App 146, 303 Wis. 2d 438, 736 N.W.2d 189, 06-1271.
The use of a credit card issued to the defendant to purchase a membership to websites containing child pornography, together with customer records confirming the defendant's home address, e-mail address, and credit card information, resulted in the inference that there was a fair probability that the defendant had received or downloaded images. Details provided on the use of computers by individuals involved in child pornography found in the affidavit supporting the search of the defendant's home strengthened this inference. State v. Gralinski, 2007 WI App 233, 306 Wis. 2d 101, 743 N.W.2d 448, 06-0929.
An officer's knowledge that a vehicle's owner's license is revoked will support reasonable suspicion for a traffic stop so long as the officer remains unaware of any facts that would suggest that the owner is not driving. State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, 06-2388.
If a search is conducted in "flagrant disregard" of the limitations in the warrant, all items seized, even items within the scope of the warrant are suppressed. When the search consisted of moving items in plain view in order to document them, the circuit court correctly concluded that the police conduct, while troubling, did not require suppression of all evidence seized during the search. State v. Pender, 2008 WI App 47, 308 Wis. 2d 428, 748 N.W.2d 471, 07-1019.
If the location to be searched is not described with sufficient particularity to inform officers which unit in a multi-unit building they are to search, the particularity required by the 4th amendment has not been satisfied. To justify a search of the whole building, there must be probable cause in the supporting affidavit to search each unit in the building, or there must be probable cause to search the entire building. State v. Jackson, 2008 WI App 109, 313 Wis. 2d 162, 756 N.W.2d 623, 07-1362.
A warrant contingent upon law enforcement officers identifying the precise unit of 3 townhouse units in which the defendant resided lacked the specificity that the 4th amendment was designed to protect against. State v. King, 2008 WI App 129, 313 Wis. 2d 673, 758 N.W.2d 131, 07-1420.
An anticipatory search warrant is not appropriate when its execution is conditioned on verification of his address as opposed to being conditioned on certain evidence of a crime being located at a specified place at some point in the future. State v. King, 2008 WI App 129, 313 Wis. 2d 673, 758 N.W.2d 131, 07-1420.
Mistakes on the face of a warrant were a technical irregularity under s. 968.22 and the warrant met the 4th amendment standard of reasonableness when although the warrant identified the car to be searched incorrectly two times, the executing officer attached and incorporated a correct affidavit that correctly identified the car 3 times, describing the correct color, make, model, and style of the car along with the correct license plate, and the information was based on the executing officer's personal knowledge from prior encounters. State v. Rogers, 2008 WI App 176, 315 Wis. 2d 60, 762 N.W.2d 795, 07-1850.
A reviewing court must conclude that the totality of the circumstances demonstrates that the warrant-issuing commissioner had a substantial basis for concluding that there was a fair probability that a search of the specified premises would uncover evidence of wrongdoing. When a confidential informant told a law enforcement officer what someone else had told him, the veracity of each person in the chain was relevant. State v. Romero, 2009 WI 32, 317 Wis. 2d 12, 765 N.W.2d 756, 07-1139.
The Eason good faith exception to the exclusionary rule when a police officer relies in good faith upon a search warrant's validity was applicable when an officer's good faith belief that an open felony warrant existed was based on a computer search that revealed a commitment order the officer believed to be an arrest warrant. State v. Robinson, 2009 WI App 97, 320 Wis. 2d 689, 770 N.W.2d 721, 08-0266.
When an application for a warrant contains both tainted and untainted evidence, the warrant is valid if the untainted evidence is sufficient to support a finding of probable cause to issue the warrant. There is a two-pronged approach to determine if untainted evidence provides an independent source: 1) the court determines whether, absent the illegal entry, the officer would have sought the search warrant; and 2) it asks if information illegally acquired influenced the magistrate's decision to authorize the warrant. Absent an explicit finding by the trial court, a clear inference from the facts can compel the conclusion that law enforcement agents would have sought a warrant had they not obtained tainted evidence. State v. Carroll, 2010 WI 8, 322 Wis. 2d 299, 778 N.W.2d 1, 07-1378.
The good-faith exception to the exclusionary rule does not apply to a situation in which: 1) no facts existed that would justify an arrest without a warrant; 2) the civil arrest warrant issued by a circuit judge was void ab initio because it did not comply with any statute authorizing the court to issue a warrant and it was not supported by an oath or affirmation; and 3) the court issued the warrant without the benefit of verification of the facts or scrutiny of the procedure to ensure that the judge acted as a detached and neutral magistrate. Suppressing evidence obtained as a result of the unauthorized, defective warrant is necessary to preserve the integrity of the judicial process. State v. Hess, 2010 WI 82, ___ Wis. 2d___, ___ N.W.2d ___, 08-2231.
An anonymous telephone tip that specified a vehicle was driven by an unlicensed person did not create articulable and reasonable suspicion of illegality justifying an investigatory stop of the auto and driver. 68 Atty. Gen. 347.
When a defendant makes a substantial preliminary showing that an affiant's false statement, knowingly or recklessly made, was the basis of the probable cause finding, a 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).
The "two-pronged" test of Aguilar and Spinelli is abandoned and replaced with a "totality of the circumstances" approach in finding probable cause based on informer's tips. Illinois v. Gates, 462 U.S. 213 (1983).
Under the "totality of circumstances" test, an informant's tip met probable cause standards. Massachusetts v. Upton, 466 U.S. 727 (1984).
The "good faith" exception to the exclusionary rule allowed the admission of evidence obtained by officers acting in objectively reasonable reliance on a search warrant, issued by a detached and neutral magistrate, later found to be unsupported by probable cause. U.S. v. Leon, 468 U.S. 897 (1984).
Probable cause is required to invoke the 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 when 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 a 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).
When the 3 occupants of a vehicle in which drugs and cash were found in a legal search all failed to offer any information with respect to the ownership of the drugs or money, it was a reasonable inference that any or all 3 of the occupants had knowledge of, and exercised dominion and control over, the drugs. A reasonable officer could conclude that there was probable cause to believe one or more of the men possessed the drugs, either solely or jointly. Maryland v. Pringle, 540 U.S. 366, 157 L. Ed 2d 769, 124 S. Ct. 795 (2003).
A search warrant that did not describe the items to be seized at all was so obviously deficient that the search conducted pursuant to it was considered to be warrantless. Groh v. Ramirez, 540 U.S. 551, 157 L. Ed 2d 1068, 124 S. Ct. 1284 (2004).
Whether probable cause exists depends upon the reasonable conclusion to be drawn from the facts known to the arresting officer at the time of the arrest. An arresting officer's state of mind, except for the facts that he knows, is irrelevant to the existence of probable cause. A rule that the offense establishing probable cause must be closely related to, and based on the same conduct as, the offense identified by the arresting officer at the time of arrest is inconsistent with these principals. Devenpeck v. Alford, 543 U.S. 146, 160 L. Ed. 2d 537, 125 S. Ct. 588 (2004).
For a conditioned anticipatory warrant to comply with the 4th amendment's requirement of probable cause, two prerequisites of probability must be satisfied. It must be true not only that if the triggering condition occurs there is a fair probability that contraband or evidence of a crime will be found in a particular place, but also that there is probable cause to believe the triggering condition will occur. The triggering condition for an anticipatory search warrant need not be be set forth in the warrant itself. U.S. v. Grubbs, 547 U.S. 90, 164 L. Ed. 2d 195, 126 S. Ct. 1494 (2006).
Valid warrants will issue to search the innocent, and people unfortunately bear the cost. Officers executing search warrants on occasion enter a house when residents are engaged in private activity; and the resulting frustration, embarrassment, and humiliation may be real, as was true here. When officers execute a valid warrant and act in a reasonable manner to protect themselves from harm, however, the 4th amendment is not violated. Los Angeles County v. Rettele, 550 U.S. 609, 167 L.Ed. 2d 974, 127 S. Ct. 1989 (2007).
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.
When 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 a crime on his or her person travels at his or her own risk when he or she is validly arrested for any reason, hence the reasonableness of a search incident to the arrest 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 that might have been 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 when 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 are 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 are 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 the 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 when 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 when 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).
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 when 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).
When a convicted defendant is awaiting sentencing for a drug related offense and 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 is 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 when 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 when 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 when 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 6-factor analysis for use in determining the reasonableness of an 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).
Students have no reasonable privacy expectation in lockers when a school adopts a written policy retaining ownership and possessory control of the 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 when 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).
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 has prior justification for being present; 2) the evidence is in plain view and its discovery inadvertent; and 3) the seized item and facts known by the officer at the time of seizure 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 when 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).
A warrantless search of a vehicle was constitutional when the defendant fled the vehicle to avoid arrest. The defendant did not have a reasonable expectation of privacy in the vehicle. State v. Roberts, 196 Wis. 2d 445, 538 N.W.2d 825 (Ct. App. 1995), 94-2583.
