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C. Warrant unnecessary

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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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State v. Daniel J. Van Linn, 2019AP1317, 11/17/20, District 3 (not recommended for publication); case activity (including briefs) Police found Van Linn injured and intoxicated near the scene of an accident, and an ambulance took him to the hospital for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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State v. Dawn M. Prado, 2016AP308, cross-petitions for review of a published court of appeals decision granted 10/21/20; case activity (including briefs and, now, PFRs!) You’ve heard this one before. Here’s our post on the court of appeals decision, which struck down the unconscious-driver provisions of the implied-consent statute but nevertheless declined to suppress the… Read more

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State v. George Steven Burch, 2019AP404-CR, District 3 (10/20/20), review granted 11/18/20; case activity (including briefs) Burch … contends the [Green Bay Police Department] and the [Brown County Sheriff’s Office] violated his Fourth Amendment rights in three ways: (1) the GBPD exceeded the scope of his consent to search his cell phone by downloading the… Read more

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Lange v. California, USSC No. 20-18, certiorari granted 10/19/20 Question presented: Does pursuit of a person who a police officer has probable cause to believe has committed a misdemeanor categorically qualify as an exigent circumstance sufficient to allow the officer to enter a home without a warrant? Lower court decision: People v. Lange, No. A157169… Read more

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State v. Heather Jan VanBeek, 2019AP447, certification granted 9/16/20; District 2; case activity (including briefs) We wrote about this case less than a month ago, when the court of appeals issued its certification to the supreme court. Now the certification is granted, so SCOW will have a chance to deal with the inconvenient fact that our… Read more

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State v. Ashley L. Monn, 2019AP640-CR, 9/9/20, District 3, (1-judge opinion, ineligible for publication); case activity When police executed an arrest warrant for a man at his trailer home, they found Monn there too. They cuffed her, conducted a protective search, confirmed she had no outstanding warrants, and told her she would be released without… Read more

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