arrest challenge in Wisconsin

18 Wisconsin opinions name it 2 courts 1976–2026 3 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

Case	Followed	Cited
John Tebbens v. Dennis Musholgreen ca7 · 2012 · cited in 1 Wisconsin opinions naming this issue, 2014–2014 1 sentence 2014See also Tebbens v. Mushol, 692 F.3d 807 (7th Cir. 2012) (subjective intent of officer and suspect are irrelevant to inquiry into the nature of the detention).	1	1
Pennhurst State School and Hospital v. Haldermangreen scotus · 1984 · cited in 1 Wisconsin opinions naming this issue, 2009–2009 2 sentences 2009See, e.g., Segura v. United States, 468 U.S. 796, 829 , 104 S.Ct. 3380 , 82 L.Ed.2d 599 (1984) (referring to Fourth Amendment violations as illegal conduct); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 146 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (1984) (concluding that acts that violate the Constitution are illegal); City of Milwaukee v. Kilgore, 193 Wis.2d 168, 189 , 532 N.W.2d 690 (1995) (noting that a use of police power in violation of constitutional due process is unlawful); State v. Smith, 131 Wis.2d 220, 235 , 388 N.W.2d 601 (1986) (stating that an arrest in violation of the state o 2009See, e.g., Segura v. United States, 468 U.S. 796, 829 (1984) (referring to Fourth Amendment violations as illegal conduct); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 146 (1984) (concluding that acts that violate the Constitution are illegal); City of Milwaukee v. Kilgore, 193 Wis. 2d 168, 189 , 532 N.W.2d 690 (1995) (noting that a use of police power in violation of constitutional due process is unlawful); State v. Smith, 131 Wis. 2d 220, 235 , 388 N.W.2d 601 (1986) (stating that an arrest in violation of the state or federal Constitutions is unlawful). ¶ 16.	1	1
Segura v. United Statesgreen scotus · 1984 · cited in 1 Wisconsin opinions naming this issue, 2009–2009 2 sentences 2009See, e.g., Segura v. United States, 468 U.S. 796, 829 , 104 S.Ct. 3380 , 82 L.Ed.2d 599 (1984) (referring to Fourth Amendment violations as illegal conduct); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 146 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (1984) (concluding that acts that violate the Constitution are illegal); City of Milwaukee v. Kilgore, 193 Wis.2d 168, 189 , 532 N.W.2d 690 (1995) (noting that a use of police power in violation of constitutional due process is unlawful); State v. Smith, 131 Wis.2d 220, 235 , 388 N.W.2d 601 (1986) (stating that an arrest in violation of the state o 2009See, e.g., Segura v. United States, 468 U.S. 796, 829 (1984) (referring to Fourth Amendment violations as illegal conduct); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 146 (1984) (concluding that acts that violate the Constitution are illegal); City of Milwaukee v. Kilgore, 193 Wis. 2d 168, 189 , 532 N.W.2d 690 (1995) (noting that a use of police power in violation of constitutional due process is unlawful); State v. Smith, 131 Wis. 2d 220, 235 , 388 N.W.2d 601 (1986) (stating that an arrest in violation of the state or federal Constitutions is unlawful). ¶ 16.	1	1
James Trent Bray v. C. C. Peyton, Superintendent, Virginia State Penitentiarygreen ca4 · 1970 · cited in 1 Wisconsin opinions naming this issue, 1996–1996 1 sentence 1996Compare, e.g., Bray v. Peyton, 429 F.2d 500, 501 (4th Cir. 1970) (concluding that the government's arrest of a defense witness immediately before trial interfered with due process).	1	1
Camara v. Municipal Court of City and County of San Franciscogreen scotus · 1967 · cited in 1 Wisconsin opinions naming this issue, 1982–1982 2 sentences 1982In Camara v. Municipal Court, 387 U.S. 523, 540 (1967), the Court concluded that in the absence of compelling urgency a warrantless administrative public health search of a home violates the fourteenth amendment. 1982In Camara v. Municipal Court, 387 U.S. 523, 540 (1967), the Court concluded that in the absence of compelling urgency a warrantless administrative public health search of a home violates the fourteenth amendment.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Douglas-Hanson Co., Inc. v. BF Goodrich Co. green wis · 2000 2 sentences 2026Nevertheless, we also agree with the alternate finding that Washington was lawfully stopped and arrested based on probable cause that Washington shot and killed Grimes. ¶18 “[T]he proper inquiry in an arrest challenge is whether probable cause exists to believe that a particular suspect has committed a crime.” State v. Hughes, 2000 WI 24, ¶20 , 233 Wis. 2d 280 , 607 N.W.2d 621 . 2016Thus, the proper inquiry in an arrest challenge is whether probable cause exists to believe that a particular suspect has committed a crime." State v. Hughes, 2000 WI 24, ¶20 , 233 Wis. 2d 280 , 607 N.W.2d 621 (citing State v. Kiper, 193 Wis. 2d 69, 82 , 532 N.W.2d 698 (1995)).	5	2011–2026
State v. Hughes green wis · 2000 2 sentences 2026Nevertheless, we also agree with the alternate finding that Washington was lawfully stopped and arrested based on probable cause that Washington shot and killed Grimes. ¶18 “[T]he proper inquiry in an arrest challenge is whether probable cause exists to believe that a particular suspect has committed a crime.” State v. Hughes, 2000 WI 24, ¶20 , 233 Wis. 2d 280 , 607 N.W.2d 621 . 2026Nevertheless, we also agree with the alternate finding that Washington was lawfully stopped and arrested based on probable cause that Washington shot and killed Grimes. ¶18 “[T]he proper inquiry in an arrest challenge is whether probable cause exists to believe that a particular suspect has committed a crime.” State v. Hughes, 2000 WI 24, ¶20 , 233 Wis. 2d 280 , 607 N.W.2d 621 .	5	2011–2026
State v. Kiper green wis · 1995 2 sentences 2016Thus, the proper inquiry in an arrest challenge is whether probable cause exists to believe that a particular suspect has committed a crime." State v. Hughes, 2000 WI 24, ¶20 , 233 Wis. 2d 280 , 607 N.W.2d 621 (citing State v. Kiper, 193 Wis. 2d 69, 82 , 532 N.W.2d 698 (1995)). 2016Thus, the proper inquiry in an arrest challenge is whether probable cause exists to believe that a particular suspect has committed a crime." State v. Hughes, 2000 WI 24, ¶20 , 233 Wis. 2d 280 , 607 N.W.2d 621 (citing State v. Kiper, 193 Wis. 2d 69, 82 , 532 N.W.2d 698 (1995)).	4	2000–2016
State v. Smith green wis · 1986 2 sentences 2009See, e.g., Segura v. United States, 468 U.S. 796, 829 (1984) (referring to Fourth Amendment violations as illegal conduct); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 146 (1984) (concluding that acts that violate the Constitution are illegal); City of Milwaukee v. Kilgore, 193 Wis. 2d 168, 189 , 532 N.W.2d 690 (1995) (noting that a use of police power in violation of constitutional due process is unlawful); State v. Smith, 131 Wis. 2d 220, 235 , 388 N.W.2d 601 (1986) (stating that an arrest in violation of the state or federal Constitutions is unlawful). ¶ 16. 2009See, e.g., Segura v. United States, 468 U.S. 796, 829 (1984) (referring to Fourth Amendment violations as illegal conduct); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 146 (1984) (concluding that acts that violate the Constitution are illegal); City of Milwaukee v. Kilgore, 193 Wis. 2d 168, 189 , 532 N.W.2d 690 (1995) (noting that a use of police power in violation of constitutional due process is unlawful); State v. Smith, 131 Wis. 2d 220, 235 , 388 N.W.2d 601 (1986) (stating that an arrest in violation of the state or federal Constitutions is unlawful). ¶ 16.	3	2009–2012
State v. Secrist green wis · 1999 2 sentences 2026“Probable cause to 7 No. 2024AP1369-CR arrest is the quantum of evidence within the arresting officer’s knowledge at the time of the arrest which would lead a reasonable police officer to believe that the defendant probably committed or was committing a crime.” State v. Secrist, 224 Wis. 2d 201, 212 , 589 N.W.2d 387 (1999). 2026“Probable cause to 7 No. 2024AP1369-CR arrest is the quantum of evidence within the arresting officer’s knowledge at the time of the arrest which would lead a reasonable police officer to believe that the defendant probably committed or was committing a crime.” State v. Secrist, 224 Wis. 2d 201, 212 , 589 N.W.2d 387 (1999).	1	2026–2026
State v. Felix green wis · 2012 1 sentence 2024As the Felix court explained: “Harris provides a narrow rule: where police had probable cause before the unlawful entry and arrest, an arrest in violation of Payton does not require the suppression of evidence obtained from the defendant outside of the home ….” Felix, 339 Wis. 2d 670, ¶41 .	1	2024–2024
Terry v. Ohio green scotus · 1968 1 sentence 2022State v. Swanson, 164 Wis. 2d 437, 446-47 , 475 N.W.2d 148 (1991), abrogated on other grounds by State v. Sykes, 2005 WI 48 , 279 Wis. 2d 742 , 695 N.W.2d 277 . ¶20 Kothbauer argues that he considered himself in custody at the time Checkalski searched his pockets for several reasons: (1) he understood that the search of his pockets could only be done lawfully after he was arrested; (2) he was surrounded by four law enforcement officers; (3) he was told he could not leave; and (4) he suffers from a traumatic brain injury, making him more “vulnerable 9 Terry v. Ohio, 392 U.S. 1 (1968). 9 No. 202	1	2022–2022
State v. Swanson green wis · 1991 2 sentences 2022State v. Swanson, 164 Wis. 2d 437, 446-47 , 475 N.W.2d 148 (1991), abrogated on other grounds by State v. Sykes, 2005 WI 48 , 279 Wis. 2d 742 , 695 N.W.2d 277 . ¶20 Kothbauer argues that he considered himself in custody at the time Checkalski searched his pockets for several reasons: (1) he understood that the search of his pockets could only be done lawfully after he was arrested; (2) he was surrounded by four law enforcement officers; (3) he was told he could not leave; and (4) he suffers from a traumatic brain injury, making him more “vulnerable 9 Terry v. Ohio, 392 U.S. 1 (1968). 9 No. 202 2022State v. Swanson, 164 Wis. 2d 437, 446-47 , 475 N.W.2d 148 (1991), abrogated on other grounds by State v. Sykes, 2005 WI 48 , 279 Wis. 2d 742 , 695 N.W.2d 277 . ¶20 Kothbauer argues that he considered himself in custody at the time Checkalski searched his pockets for several reasons: (1) he understood that the search of his pockets could only be done lawfully after he was arrested; (2) he was surrounded by four law enforcement officers; (3) he was told he could not leave; and (4) he suffers from a traumatic brain injury, making him more “vulnerable 9 Terry v. Ohio, 392 U.S. 1 (1968). 9 No. 202	1	2022–2022
State v. Sykes green wis · 2005 2 sentences 2022State v. Swanson, 164 Wis. 2d 437, 446-47 , 475 N.W.2d 148 (1991), abrogated on other grounds by State v. Sykes, 2005 WI 48 , 279 Wis. 2d 742 , 695 N.W.2d 277 . ¶20 Kothbauer argues that he considered himself in custody at the time Checkalski searched his pockets for several reasons: (1) he understood that the search of his pockets could only be done lawfully after he was arrested; (2) he was surrounded by four law enforcement officers; (3) he was told he could not leave; and (4) he suffers from a traumatic brain injury, making him more “vulnerable 9 Terry v. Ohio, 392 U.S. 1 (1968). 9 No. 202 2022State v. Swanson, 164 Wis. 2d 437, 446-47 , 475 N.W.2d 148 (1991), abrogated on other grounds by State v. Sykes, 2005 WI 48 , 279 Wis. 2d 742 , 695 N.W.2d 277 . ¶20 Kothbauer argues that he considered himself in custody at the time Checkalski searched his pockets for several reasons: (1) he understood that the search of his pockets could only be done lawfully after he was arrested; (2) he was surrounded by four law enforcement officers; (3) he was told he could not leave; and (4) he suffers from a traumatic brain injury, making him more “vulnerable 9 Terry v. Ohio, 392 U.S. 1 (1968). 9 No. 202	1	2022–2022
State v. Dearborn green wis · 2010 2 sentences 2018State v. Dearborn , 2010 WI 84 , ¶27, 327 Wis. 2d 252 , 786 N.W.2d 97 . ¶32 Burrows argues that the search incident to an arrest exception is not applicable in this case as Burrows was handcuffed in the back of a police vehicle at the time of the search and evidence of stalking was "not likely to be found in [his] vehicle" as he was not arrested for "the kind of stalking that might be conducted with a vehicle." We conclude that it was reasonable for Clark to believe that evidence of stalking would be found in Burrows' vehicle. 2018State v. Dearborn , 2010 WI 84 , ¶27, 327 Wis. 2d 252 , 786 N.W.2d 97 . ¶32 Burrows argues that the search incident to an arrest exception is not applicable in this case as Burrows was handcuffed in the back of a police vehicle at the time of the search and evidence of stalking was "not likely to be found in [his] vehicle" as he was not arrested for "the kind of stalking that might be conducted with a vehicle." We conclude that it was reasonable for Clark to believe that evidence of stalking would be found in Burrows' vehicle.	1	2018–2018
State v. Mabra green wis · 1974 1 sentence 2018We do not share the assessment that Black requires that details underlying the probable cause determination be communicated to the responding officer before making an arrest as such a requirement would arguably conflict with the principle that the arresting officer need not "personally have in his [or her] mind knowledge sufficient to establish probable cause for the arrest." 7 See Mabra , 61 Wis. 2d at 625 .	1	2018–2018
City of Milwaukee v. Kilgore green wis · 1995 2 sentences 2009See, e.g., Segura v. United States, 468 U.S. 796, 829 (1984) (referring to Fourth Amendment violations as illegal conduct); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 146 (1984) (concluding that acts that violate the Constitution are illegal); City of Milwaukee v. Kilgore, 193 Wis. 2d 168, 189 , 532 N.W.2d 690 (1995) (noting that a use of police power in violation of constitutional due process is unlawful); State v. Smith, 131 Wis. 2d 220, 235 , 388 N.W.2d 601 (1986) (stating that an arrest in violation of the state or federal Constitutions is unlawful). ¶ 16. 2009See, e.g., Segura v. United States, 468 U.S. 796, 829 (1984) (referring to Fourth Amendment violations as illegal conduct); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 146 (1984) (concluding that acts that violate the Constitution are illegal); City of Milwaukee v. Kilgore, 193 Wis. 2d 168, 189 , 532 N.W.2d 690 (1995) (noting that a use of police power in violation of constitutional due process is unlawful); State v. Smith, 131 Wis. 2d 220, 235 , 388 N.W.2d 601 (1986) (stating that an arrest in violation of the state or federal Constitutions is unlawful). ¶ 16.	1	2009–2009
State v. Gallion green wis · 2004 2 sentences 2004The trial court explained its reasons for the time imposed in a manner that comports with State v. Gallion, 2004 WI 42, ¶¶45-46 , ___ Wis. 2d ___, 678 N.W.2d 197 (No. 01-0051-CR), by linking the time imposed to the objectives to be served. 2004The trial court explained its reasons for the time imposed in a manner that comports with State v. Gallion, 2004 WI 42, ¶¶45-46 , ___ Wis. 2d ___, 678 N.W.2d 197 (No. 01-0051-CR), by linking the time imposed to the objectives to be served.	1	2004–2004
State v. Allen green wisctapp · 1999 2 sentences 2004State v. Allen, 226 Wis. 2d 66, 70-71 , 593 N.W.2d 504 (Ct. App. 1999). 2004State v. Allen, 226 Wis. 2d 66, 70-71 , 593 N.W.2d 504 (Ct. App. 1999).	1	2004–2004
Oosterwyk v. Corrigan green wis · 1963 1 sentence 2001Id. at 479-80 .	1	2001–2001
Jones (Hollis) v. State green wis · 1975 2 sentences 1976Jones v. State (1975), 70 Wis. 2d 62 , 233 N. W. 2d 441 . 1976Jones v. State (1975), 70 Wis. 2d 62 , 233 N. W. 2d 441 .	1	1976–1976

Statutes the citing opinions construe

WI § Wis. Stat. § 346.63 (5) WI § Wis. Stat. § 346.65 (5) WI § Wis. Stat. § 946.41 (4) WI § Wis. Stat. § 961.41 (4) WI § Wis. Stat. § 971.31 (4) WI § Wis. Stat. § 346.04 (3) WI § Wis. Stat. § 346.17 (3) WI § Wis. Stat. § 752.31 (3) WI § Wis. Stat. § 808.10 (3) WI § Wis. Stat. § 961.573 (3) WI § Wis. Stat. § 968.07 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 50 (1912–2023) CA 40 (1962–2024) OH 27 (1976–2026) TX 26 (1969–2024) IL 26 (1969–2025) GA 25 (1900–2023) FL 24 (1965–2024) IN 19 (1926–2016) MD 19 (1960–2019) LA 18 (1961–2019) WI 18 (1976–2026) PA 17 (1971–2018) MO 16 (1921–2024) MI 14 (1980–2026) NJ 14 (1964–2026) DC 14 (1982–2023) OR 13 (1962–2024) CT 13 (1989–2024) NM 10 (1980–2025) AR 10 (1980–2026) IA 10 (1917–2024) KY 8 (2006–2026) WA 8 (1915–1999) SC 8 (1901–2020) AL 7 (1986–1995) AZ 7 (1974–2015) MA 7 (1980–2019) VA 6 (1997–2021) CO 6 (1984–2019) TN 5 (2000–2017) WV 5 (1980–2007) OK 5 (1950–1986) AK 5 (1973–2004) ME 5 (1980–2010) NC 4 (1976–2019) ID 4 (1970–1994) MN 4 (1978–2006) VT 3 (1993–2013) HI 3 (1872–1995) MT 3 (1999–2021) SD 3 (1915–2010) RI 2 (2005–2011) PR 2 (1953–1954) NE 2 (1912–2018) DE 2 (2019–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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