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E. Administrative searches

Last term, ASPD Andy Hinkel argued an important community caretaker issue that has divided state and federal courts to the Wisconsin Supreme Court. See State v. Asboth, 2015AP2051-CR. The State prevailed but perhaps only temporarily. Today the defense gained traction when SCOTUSblog featured Asboth’s petition for writ of certiorari as its Petition of the Day… Read More

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State v. Kenneth M. Asboth, Jr., 2017 WI 76, 7/6/2017, affirming an unpublished court of appeals decision; case activity (including briefs) This case presented an issue that has divided federal and state appellate courts: does Colorado v. Bertine, 479 U.S. 367 (1987), permit “community caretaker”-type vehicle impoundments only when the police act accord to “standard… Read More

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State v. Richard L. Keller, 2017 WI App 19; case activity (including briefs) Richard Keller’s probation rules required, among other things, that he neither possess a computer nor commit any crime. When his agent found computers at his house, she took them to Madison and had a Department of Criminal Investigations analyst examine them. Child porn… Read More

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Review of an unpublished court of appeals decision; affirmed 2017 WI 76, case activity (including briefs) Issues (from petition for review): Law enforcement officers arrested Kenneth Asboth at a private storage facility. The car he had been driving was parked in the lane between rows of storage units, in front Mr. Asboth’s leased unit. The officers… Read More

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State v. Kenneth M. Asboth, Jr., 2015AP2052-CR, 9/29/16, District 4 (not recommended for publication); petition for review granted 1/9/17; affirmed 2017 WI 76; case activity (including briefs) Police suspected Kenneth Asboth in a bank robbery. They received a tip that he would be at a storage facility, and converged there, where they arrested him. They also decided to… Read More

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City of Los Angeles v. Patel, USSC No. 13-1175, 2015 WL 2473445 (June 22, 2015), affirming 738 F.3d 1058 (9th Cir. 2013) (en banc); Scotusblog page (including links to briefs and commentary) A majority of the Supreme Court holds that a Los Angeles ordinance compelling hotel operators to make their guest registries available to police for inspection on demand is facially unconstitutional… Read More

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The 4th Amendment has been described by Conservative HQ as “one of the most important arrows in the quiver against bullying big government.” Because the government doesn’t just search and seize paper–it also goes after your cell phones, your Facebook account, your email (even when stored on Google’s server), your tweets, your DNA (by definition… Read More

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Questions presented: (1) Whether facial challenges to ordinances and statutes are permitted under the Fourth Amendment; and (2) Whether a hotel has an expectation of privacy under the Fourth Amendment in a hotel guest registry where the guest-supplied information is mandated by law and an ordinance authorizes the police to inspect the registry, and if… Read More

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