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C. Warrant unnecessary

State v. Lois M. Bertrand, 2019AP1240-CR, 2/26/20, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs). The 4th Amendment prohibits a warantless entry into the curtilage of a home unless it is supported by probable cause and exigent circumstances. State v. Weber, 2016 WI 96, ¶19, 372 Wis. 2d 202, 887 N.W.2d 554. In this… Read More

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Consent to draw blood was voluntary

State v. Justin T. Kane, 2018AP1885-CR, District 4, 2/6/20 (one-judge decision; ineligible for publication); case activity (including briefs) Kane’s consent to a blood draw after his arrest for OWI was voluntary under all the circumstances. The circuit court made findings of fact after a suppression hearing, and, of course, the court of appeals accepts those… Read More

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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, 11/15/19, affirming a per curiam court of appeals decision; 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. 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. Jesse J. Jennerjohn, 2018AP1762, 9/24/19, District 3 (not recommended for publication); case activity (including briefs) Just last week we had Kettlewell, where the court of appeals rejected the state’s claim that the officers who entered a suspected drunk driver’s home were performing a legitimate community-caretaker search because he might have been injured. Here… Read More

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