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MOLINA v. STATE

Nos. State 51, 108.

53 Wis.2d 662 (1972)

193 N.W.2d 874

MOLINA, Plaintiff in error, v. STATE, Defendant in error. LOPEZ, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided February 3, 1972.

Attorney(s) appearing for the Case

For the plaintiffs in error there were briefs by David A. Saichek, attorney, and Gaines & Saichek of counsel, all of Milwaukee, and oral argument by David A. Saichek.

For the defendant in error the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

ROBERT W. HANSEN, J.

Can police officers pick up and use as evidence heroin powder that they have seen scattered on a public street from a speeding automobile by occupants fleeing police arrest? The commonsense answer would seem to be that they can. Not so, argue the defendants, for picking up the powder from the street constitutes a search and seizure incident to an arrest. As such, the validity of the search depends upon the legality of the arrest, and here, the...

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