The administration of a blood or breathalyzer test does not violate a defendant’s privilege against self-incrimination. State v. Driver, 59 Wis. 2d 35, 207 N.W.2d 850 (1973).
Discussing factors to be considered in determining whether a confession is voluntary. State v. Wallace, 59 Wis. 2d 66, 207 N.W.2d 855 (1973).
A voluntary confession is not rendered inadmissible because the arrest is made outside the statutory jurisdictional limits of the arresting officer. State v. Ewald, 63 Wis. 2d 165, 216 N.W.2d 213 (1974).
While Miranda, 384 U.S. 436 (1966), does require that upon exercise of a defendant’s 5th amendment privilege the interrogation must cease, Miranda does not explicitly state that the defendant may not, after again being advised of the defendant’s rights, be interrogated in the future. State v. Estrada, 63 Wis. 2d 476, 217 N.W.2d 359 (1974).
Statements given to police without Miranda, 384 U.S. 436 (1966), warnings, while the defendant was injured and in bed, that the defendant was the driver and had been drinking, while voluntary, were inadmissible since at that time accusatorial attention had focused on the defendant. Scales v. State, 64 Wis. 2d 485, 219 N.W.2d 286 (1974).
The voluntariness of a confession must be determined by examining all the surrounding facts under a totality of the circumstances test. Brown v. State, 64 Wis. 2d 581, 219 N.W.2d 373 (1974).
Discussing requirements of a claim of immunity. State v. Hall, 65 Wis. 2d 18, 221 N.W.2d 806 (1974).
The validity of a juvenile confession is determined by an analysis of the totality of the circumstances surrounding the confession. The presence of a parent, guardian, or attorney is not an absolute requirement for the juvenile to validly waive the right to remain silent but only one of the factors to be considered in determining voluntariness. Theriault v. State, 66 Wis. 2d 33, 223 N.W.2d 850 (1974).
A written confession is admissible in evidence, although it is not signed by the defendant, so long as the defendant has read the statement and adopted it as the defendant’s own. Kutchera v. State, 69 Wis. 2d 534, 230 N.W.2d 750 (1975).
When the defendant claimed to understand the defendant’s Miranda, 384 U.S. 436 (1966), rights but agreed to talk to police without counsel because of a stated inability to afford a lawyer, further questioning by police was improper and the resulting confession was inadmissible. Micale v. State, 76 Wis. 2d 370, 251 N.W.2d 458 (1977).
The state may compel a probationer’s testimony in a revocation proceeding if the probationer is first advised that the testimony will be inadmissible in criminal proceedings arising out of the alleged probation violation, except for purposes of impeachment or rebuttal. State v. Evans, 77 Wis. 2d 225, 252 N.W.2d 664 (1977).
A volunteered confession made while in custody and prior to Miranda, 384 U.S. 436 (1966), warnings was admissible despite an earlier inadmissible statement in response to custodial interrogation. LaTender v. State, 77 Wis. 2d 383, 253 N.W.2d 221 (1977).
No restrictions of the 4th and 5th amendments preclude enforcement of an order for handwriting exemplars directed by a presiding judge in a John Doe proceeding. State v. Doe, 78 Wis. 2d 161, 254 N.W.2d 210 (1977).
Due process does not require that a John Doe witness be advised of the nature of the proceeding or that the witness is a “target” of the investigation. Ryan v. State, 79 Wis. 2d 83, 255 N.W.2d 910 (1977).
The defendant’s confession was admissible although it was obtained through custodial interrogation following the defendant’s request for a lawyer. Leach v. State, 83 Wis. 2d 199, 265 N.W.2d 495 (1978).
When a “conversational” visit was not a custodial interrogation, the defendant’s voluntary statement was admissible despite a lack of Miranda, 384 U.S. 436 (1966), warnings. State v. Hockings, 86 Wis. 2d 709, 273 N.W.2d 339 (1979).
A confession after a 28-hour post-arrest detention was admissible. Wagner v. State, 89 Wis. 2d 70, 277 N.W.2d 849 (1979).
Immunity for compelled testimony contrary to the 5th amendment privilege extends to juvenile court proceedings. State v. J.H.S., 90 Wis. 2d 613, 280 N.W.2d 356 (Ct. App. 1979).
The defendant’s voluntary statements were admissible for impeachment even though they were obtained in violation of Miranda, 384 U.S. 436 (1966). State v. Mendoza, 96 Wis. 2d 106, 291 N.W.2d 478 (1980).
When the accused cut off the initial interrogation but was interrogated by another officer nine minutes later following fresh Miranda, 384 U.S. 436 (1966), warnings, the confession was admissible. State v. Shaffer, 96 Wis. 2d 531, 292 N.W.2d 370 (Ct. App. 1980).
By testifying as to the defendant’s actions on the day a murder was committed, the defendant waived the self-incrimination privilege on cross-examination as to prior actions related to the murder that were the subject of the pending prosecution. Neely v. State, 97 Wis. 2d 38, 292 N.W.2d 859 (1980).
Miranda, 384 U.S. 436 (1966), warnings were unnecessary when an officer entered the defendant’s home in the belief that the defendant might have killed his wife four days earlier and asked, “Where is your wife?” State v. Kramer, 99 Wis. 2d 306, 298 N.W.2d 568 (1980).
A prosecutor’s comment on the failure of an alibi witness to come forward with an alibi story did not infringe on the defendant’s right of silence. State v. Hoffman, 106 Wis. 2d 185, 316 N.W.2d 143 (Ct. App. 1982).
A defendant’s silence both before and after Miranda, 384 U.S. 436 (1966), warnings may not be referred to at trial by the prosecution. State v. Fencl, 109 Wis. 2d 224, 325 N.W.2d 703 (1982).
Videotapes of sobriety tests were properly admitted to show physical manifestations of the defendant driver’s intoxication. State v. Haefer, 110 Wis. 2d 381, 328 N.W.2d 894 (Ct. App. 1982).
A John Doe subpoena requiring the production of income tax returns violated the self-incrimination right. B.M. v. State, 113 Wis. 2d 183, 335 N.W.2d 420 (Ct. App. 1983).
A statement given to police, without Miranda, 384 U.S. 436 (1966), warnings, while the accused was in an emergency room that the accused was the driver in a fatal crash was admissible. State v. Clappes, 117 Wis. 2d 277, 344 N.W.2d 141 (1984).
After a guilty plea the privilege against self-incrimination continues at least until sentencing. State v. McConnohie, 121 Wis. 2d 57, 358 N.W.2d 256 (1984).
When a defendant does not testify but presents the defendant’s own argument to the jury, the prosecutor may caution the jury that the defendant’s statements are not evidence. State v. Johnson, 121 Wis. 2d 237, 358 N.W.2d 824 (Ct. App. 1984).