WI Court of Appeals rules search warrant also permits arrest.

Byline: David Ziemer

Police may arrest a suspect at his home, without an arrest warrant, if they are on the premises pursuant to a valid search warrant, the Wisconsin Court of Appeals held on Feb. 25.

The court also held that a plea agreement that allows a judgment to be reopened and amended to recite a lesser offense prior to sentencing is permissible.

On April 9, 2000, Quad/Tech was burglarized by the use of an employee pass card belonging to Peter R. Cash, a former employee, and computer equipment was taken. Robert Grall, a detective in the Waukesha County Sheriff's Department, found items for sale on eBay that matched items taken in the burglary.

The seller of the items was listed as Cash's brother, Jonathan. In addition, tires for sale at the same eBay site looked like tires that Grall had seen in Cash's apartment when he initially interviewed him about the burglary.

Based on this information, the sheriff's department obtained a search warrant for Cash's residence, which was located in Milwaukee County. Waukesha County authorities executed the warrant, with Milwaukee County authorities in attendance. Upon arrival, before executing the search, they first arrested Cash. The next day, they arrested Jonathan.

Cash was charged with burglary, as a repeater. Cash filed a variety of motions, some of which were denied, and some of which were granted. Before trial began, the parties entered a plea agreement under which Cash would plead no contest to burglary, and the repeater allegation would be dismissed.

The plea agreement also included the following provision: if Cash returned a substantial portion of the stolen property in good working order prior to the sentencing, the State would ask the court to 'reopen the judgment of conviction,' request that the charge be reduced to felony theft, a lesser offense, and recommend a sentence of one year in the county jail.

Cash did not return the property, nor did he appear at the next court hearing. After being rearrested, Cash was sentenced to four years of initial confinement followed by four years of extended supervision.

Cash then moved for postconviction relief, claiming that his trial attorneys were ineffective for failing to challenge Cash's arrest for lack of probable cause and an arrest warrant, and failing to contest the authority of the Waukesha County Sheriff's Department to arrest him in Milwaukee County.

Cash also argued that the plea agreement was invalid under State v. Hayes, 167 Wis.2d...