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C. Warrant unnecessary

State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to a blood draw cannot prevent the testing of the blood sample for alcohol or drugs by… Read More

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Mitchell v. Wisconsin, No. 18-6210, 6/29/19, vacating and remanding State v. Mitchell, 2018 WI 84, Scotusblog page (including links to briefs and commentary) This is the decision we’ve all been waiting for on whether a blood draw from an unconscious OWI suspect requires a warrant. Wouldn’t you know–the opinion is splintered. Alito, writing for 4 justices… Read More

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State v. Brett C. Basler, 2018AP2299-CR, District 2, 5/15/19 (one-judge decision; ineligible for publication); case activity (including briefs) Police entered Basler’s home looking for a driver suspected of hitting a Hardee’s® restaurant while operating while intoxicated. They didn’t have a warrant. There were no exigent circumstances. The entry was unlawful. The police walked up the front… Read More

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State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs) Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so the subsequent blood draw was unlawful. However, the state subpoenaed the results of his urine test, and that… Read More

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State v. Roy S. Anderson, 2017AP1104-CR, petition for review granted 4/9/19; case activity (including briefs) Issues: What constitutes sufficient knowledge of an offender’s community supervision status where an officer wants to search him pursuant to 2013 Wisconsin Act 79? Whether the officers in this case had reasonable suspicion to search Anderson pursuant to Act 79… Read More

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State v. Jordan Bennett Micklevitz, 2018AP637-CR, District 1, 1/23/19 (not recommended for publication); case activity (including briefs) The court of appeals rejects Micklevitz’s challenges to the search of his apartment. Police went to Micklevitz’s apartment on a misdemeanor domestic violence battery “want.” Micklevitz answered the officers’ knock on his door, and police determined he matched… Read More

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State v. Faith N. Reed, 2018 WI 109, reversing an unpublished court of appeals decision, 2016AP1609; case activity (including briefs) Here’s something not seen in a while: our state supreme court suppressing evidence because the police violated the Fourth Amendment. You might think it obvious that someone actively trying to keep an officer out of an… Read More

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COA: Officers had consent to enter home

State v. Kathryn M. Cooper, 2018AP1154, 11/21/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Cooper’s vehicle was involved in an accident and was found, damaged, in her driveway. An officer saw a light on near the back door of her home and went around back and knocked. Cooper waved him in… Read More

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