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Legal Opinion

State v. Lee

Court of Appeals of Wisconsin

Decided May 27, 1980No. 78-449-CRPublishedCited by 7 opinions

1Opinion of the CourtBrown, J.

In this case, police had an arrest warrant for Oliver Scott Johnson but arrested Charles K. Lee by mistake, thinking him to be Johnson. Subsequent to Lee’s arrest, a house search was conducted producing a suitcase full of marijuana. Lee was charged and convicted of possession of marijuana with intent to sell. He claims that his arrest is invalid because there were no reasonable, articulable grounds for police to believe he was the intended arrestee. We agree and reverse.

Police were looking for Oliver Scott Johnson because he allegedly stole an automobile. Following the issuance of an arrest…

2Cases cited7 opinions

  1. Hill v. CaliforniaSupreme Court of the United States · 1971
  2. United States of America Ex Rel. Thomas Kirby v. David R. Sturges, Chairman of the Illinois Parole and Pardon Board (Or Hissuccessor)Court of Appeals for the Seventh Circuit · 1975
  3. Patterson v. United StatesDistrict of Columbia Court of Appeals · 1973
  4. United States v. Edward McCrayCourt of Appeals for the Tenth Circuit · 1972
  5. United States v. Angel RosarioCourt of Appeals for the Second Circuit · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. SmithWashington Supreme Court · 1984
  2. People v. CunninghamAppellate Court of Illinois · 1984
  3. State v. PaytonCourt of Appeals of Iowa · 1986
  4. People v. JonesNew York Court of Appeals · 2026
  5. State v. CheersWisconsin Supreme Court · 1981

2 more not listed; retrieve them via the Exa API.

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