807 N.W.2d 15
Wis. Ct. App.2011Background
- Stewart was arrested for possession with intent to deliver cocaine after a confidential informant, via an intermediary 'Black,' reported Stewart would bring 13.5 ounces of cocaine to Milwaukee.
- The informant identified Stewart from photos after learning he would arrive on a Las Vegas–Milwaukee flight around 11:30 p.m. on March 10, 2009.
- Agent Gray corroborated the informant by verifying the Las Vegas flight to Milwaukee and confirming Stewart was on it, then observed Stewart at Mitchell Airport around midnight.
- Stewart exited the terminal with a white plastic bag; police believed it could contain the 13.5 ounces of cocaine and he tossed the bag into a car trunk before being arrested.
- A search of the car’s trunk recovered approximately 13.5 ounces of cocaine and 2 ounces of marijuana.
- Stewart moved to suppress the evidence on grounds of no probable cause and lack of standing; the trial court denied; he pled guilty to possession with intent to deliver cocaine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest Stewart | Stewart argues no probable cause based on informant reliability | State relies on totality of the circumstances including Romero | Probable cause exists |
| Validity of the trunk search incident to arrest | Stewart challenged standing to challenge the search | State argues search was valid as incident to arrest | Trunk search reasonable and valid |
Key Cases Cited
- State v. Nieves, 304 Wis. 2d 182 (Wis. App. 2007) (probable cause standard for arrest; objective standard)
- State v. Romero, 317 Wis. 2d 12 (Wis. 2009) (totality of circumstances supports probable cause; corroboration and reliability of informant)
- Arizona v. Gant, 129 S. Ct. 1710 (U.S. 2009) (search incident to arrest standards for vehicle)
- State v. Dearborn, 327 Wis. 2d 252 (Wis. 2010) (Wisconsin adoption of Gant framework)
- State v. Smiter, 331 Wis. 2d 431 (Wis. App. 2011) (affirming search of vehicle after drug arrest; reasonable grounds)
- United States v. Most, 876 F.2d 191 (D.C. Cir. 1989) (distinction between probable cause and mere possession of bag prior to search)