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34. Search & Seizure

Wood County v. Trevor J. Krizan, 2019AP350, 12/12/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy on patrol at 2:00 a.m. happened by a parking lot for a boat landing. The lot was open to the public 24 hours a day, and he saw a vehicle parked, not running… Read More

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State v. Alfonso Lorenzo Brooks, 2018AP1774, review of a per curiam decision granted 12/10/2019; case activity (including briefs) Issue presented: Whether the community caretaker exception permits law enforcement to inventory and tow a vehicle after discovering that the driver does  not have a valid license, when the vehicle is lawfully parked and not obstructing traffic? This… Read More

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State v. Roy S. Anderson, 2019 WI 97, affirming a per curiam court of appeals decision, 11/15/19; case activity (including briefs) Act 79 permits law enforcement to search a person on probation, parole or extended supervision based on reasonable suspicion (not probable cause) that the person, is is about to, or has committed a violation… Read More

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State v. Jeffrey L. Ionescu, 2019 WI App 68; case activity (including briefs) A homeowner told police that he found a burglar in his car and saw him run west across his yard. About 10 minutes later, officer and a trained tracking dog headed in that direction for about 30 minutes. The officer saw footprints… Read More

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State v. Tunis Jay LeFever, 2019AP702-CR, District 2, 10/30/19, (1-judge opinion, ineligible for publication); case activity (including briefs) An officer stopped LeFever for speeding, noticed that he had bloodshot eyes, and detected a faint odor of alcohol but wasn’t sure of the source. He asked LeFever to complete field sobriety tests. The officer noted indicators… Read More

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State v. Mose B. Coffee, 2018AP1209, petition for review granted 10/18/19; case activity (including briefs) Issue: Whether evidence obtained during a warrantless search of a person’s vehicle incident to his OWI arrest must be suppressed when there was no reason to believe that evidence of the OWI arrest would be found in the area of the… Read More

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State v. John W. Lane, 2019AP153-CR, District 4, 10/17/19 (one-judge decision; ineligible for publication); case activity (including briefs) Lane consented to a blood draw after his OWI arrest, but a week later wrote the State Hygiene Lab saying he was revoking his consent to the collection and testing of his blood. The authorities tested the… Read More

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State v. Courtney C. Brown, 2019 WI App 34, petition for review granted 10/15/19 case activity (including links to briefs) Issues (petition for review) Whether police unlawfully extended a noncriminal traffic stop beyond its initial purpose? As explained in our post on the court of appeals’ decision, an officer stopped Brown’s car, noticed he wasn’t wearing… Read More

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