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35. Search & Seizure

State v. Frederick Jennings, 2019AP1539-CR, 12/22/20, District 1 (not recommended for publication); case activity (including briefs) Three officers noticed Jennings either in or near the passenger side of a Toyota having dark tinted windows. They detained him, found marijuana and contraband in the car, arrested him, and found heroin in his pocket. Jennings moved to… Read more

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Weaving at bar time justified traffic stop

City of Oshkosh v. Brian D. Hamill, 2020AP867, District 2, 12/2/20 (1-judge opinion; ineligible for publication); case activity (including briefs) The facts are just that simple. At 2:38 a.m. (bar closing time) an officer observed Hamill’s Jeep drifting to the right line of its lane, then to the center for 30-40 feet, then to the… Read more

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City of New Berlin v. Eric John Dreher, 2020AP850, District 2, 11/25/20 (one-judge decision; ineligible for publication); case activity (including briefs) An officer testified he observed Dreher cut across lanes while turning, deviate from his lane, and travel at a high rate of speed. This led the officer to believe the driver was impaired, as… Read more

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State v. Michael Anthony Dotson, 2019AP1082-CR, District 3, 11/24/20 (one-judge decision; ineligible for publication); case activity (including briefs) Though this is a “close case” (¶28), the objectively reasonable inferences from the totality of the facts and circumstances known to the officer who stopped Dotson’s car did not provide reasonable suspicion to believe that Dotson’s blood… Read more

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Caniglia v. Strom, USSC No. 20-157, cert granted 11/20/20 Question presented: Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. Lower court decision: 953 F.3d 112 (1st Cir. 2020). Docket Scotusblog page (including links to filings and commentary) The Supreme Court announced the “community caretaking” exception to the warrant… Read more

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United States v. Cooley, USSC No. 19-1414, cert. granted 11-20-20 Question presented: Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state… Read more

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State v. George Steven Burch, 2019AP404-CR, certification granted 11/18/20; case activity (including briefs) Issues presented (from the certification): Did police violate Burch’s Fourth Amendment rights by: exceeding the scope of Burch’s consent to search his cell phone by downloading the phone’s entire contents, rather than only the text messages; unlawfully retaining the entire cell phone… Read more

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State v. Daniel J. Van Linn, 2019AP1317, 11/17/20, District 3 (not recommended for publication); case activity (including briefs) Police found Van Linn injured and intoxicated near the scene of an accident, and an ambulance took him to the hospital for treatment. At the hospital Van Linn refused an officer’s request that consent to a blood… Read more

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