Supreme Court Archives » Hogan Eickhoff

Arrest and Miranda Rights in Appleton, WI

Understanding Your Miranda Rights in Wisconsin

July 18, 2023 | Constitution

The United States Supreme Court came to the decision that the Fifth Amendment to the United States Constitution forbade prosecutors from using a person’s statements made in response to interrogation in police custody as evidence at their trial unless they can prove the person was informed of their right to consult with a criminal defense attorney before and during questioning, and the person not only understood their rights but also voluntarily waived them, in the landmark case of Miranda v. Arizona, 384 U.S. 436 (1966). Miranda had an immediate impact on law enforcement throughout the United States, making the Miranda warning a matter of routine for police procedure and the practice becoming known as “Mirandizing.”

Constitutional Rights in Wisconsin Criminal Cases

July 5, 2023 | Constitution

The United States Constitution is the supreme law of the country, and the first 10 amendments to the Constitution were known as the Bill of Rights. In total, there have been 33 amendments to the Constitution proposed by the United States Congress and sent to the states for ratification, with 27 being ratified by the requisite number of states and becoming part of the Constitution, six being adopted by Congress and sent to the states but not ratified by the required number of states, four still pending, one being closed and failing on its own terms, and one being closed and failing by the terms of the resolution proposing it.

SCOW Finds Generic Conduct in “High Crime Area” Created Reasonable Suspicion of Criminal Activity

November 3, 2021 | Court Hearings

The Wisconsin Supreme Court continues to make life harder for criminal defendants throughout the state, broadening law enforcement’s power through its recent rulings. In one case, the Supreme Court has practically criminalized being in a “high-crime area,” allowing officers practically unlimited ability to view any ordinary behavior in these areas as a pretext to search possible suspects. With rulings like these, defendants need attorneys more than ever to help them fight illegal searches and seizures.

What Is Police Misconduct and What Can You Do About It?

June 24, 2021 | Criminal Defense Attorney

While the police are here to enforce the laws, they are not above them. Their powers are not unlimited, and they can be held responsible if they break laws themselves. If you have experienced police misconduct, you have a number of options to hold both the officer and police department responsible. It could change the result of your criminal case or even give you the right to file a lawsuit yourself. For this reason, if you believe the police have violated your rights, you should discuss your situation with an experienced criminal defense lawyer as soon as you can.

Search Warrant Legal Advice From Hogan Eickhoff Attorneys

Are No-Knock Warrants Legal in Wisconsin?

May 3, 2021 | Criminal Defense Attorney

No-knock warrants have been in the news recently in the wake of several high-profile cases. These warrants are controversial at best and can be downright dangerous for both the police executing them and the people in the homes. Police may enter the home with their guns drawn and startle the people inside. Many people wonder whether they are legal here in Wisconsin; for now, these warrants are legal. That said, many observers hope that law enforcement use them sparingly, given the dangers.

Wisconsin Supreme Court Issues Traffic Stop Decision

December 23, 2020 | Court Hearings

The Wisconsin State Supreme Court recently issued a major decision affecting the rights of defendants in criminal cases in the state. In a 4-1 decision, the Supreme Court held that it was legal for the police officers to ask a motorist to exit the car and subject him to a search when the officer already had a citation in hand to issue for not wearing a seatbelt. If something similar to this happens to you, make sure to contact your criminal defense attorney right away.