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C. Warrant unnecessary

State v. Jeffrey L. Ionescu, 2018AP1620-CR, 11/13/19, District 2 (recommended for publication; 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… 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State v. Jesse J. Jennerjohn, 2018AP1762, 9/24/19, District 3 (not recommended for publication); case activity (including briefs) Just last week we had Kettlewell, where the court of appeals rejected the state’s claim that the officers who entered a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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State v. Troy K. Kettlewell, 2018AP926, 9/18/2019, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) This is a very fact-intensive OWI case and the court is to be commended for really critically examining what all these facts add up to: not much. As in, not much reason to think Kettlewell was in… Read More

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State v. Adam Blaine Anderson, 2018AP718, 7/23/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy saw Anderson, who had an outstanding warrant, in the yard of an a acquaintance with whom he was staying. Specifically, the sheriff saw him by means of a live surveillance video; they’d installed a… Read More

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State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to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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