Rafferty v. State

Denial of counsel prior to trial.

Rafferty claims that after his arrest he was held in custody by the Madison police department without the opportunity to consult or advise with counsel for over forty hours. We have previously cautioned against such police conduct and have pointed out that:

“Such detention casts a doubt upon the validity of police methods of crime detection, constitutes an abuse to the arrested individual and may raise a question of the voluntariness of the acts performed and the statements made by the accused during that period of time.” Pulaski v. State (1964), 23 Wis. (2d)…