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b. Blood Draw

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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State v. Gerald P. Mitchell, 2018 WI 84, 7/3/18, SCOTUS cert. granted, 1/11/19,  on certification from the court of appeals; 2015AP 304; case activity (including briefs) This is the supreme court’s third attempt to decide whether provisions of Wisconsin’s implied consent law comport with the Fourth Amendment. If you’ve been following along, you might have… Read More

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State v. Patrick H. Dalton, 2018 WI 85, 7/3/18, reversing in part and remanding an unpublished court of appeals decision; case activity (including briefs) The supreme court holds there were exigent circumstances that allowed police to draw blood from Dalton without a warrant after he refused to consent to a blood draw. But a majority… Read More

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State v. Patrick H. Dalton, 2016AP2483-CR, petition for review 0f an unpublished court of appeals opinion granted 11/13/17; case activity (including briefs) Issues: 1. Under Missouri v. McNeely and Birchfield v. North Dakota, may a circuit court impose a harsher criminal punishment because a defendant exercised his constitutional right to refuse a warrantless blood draw? 2. Whether… Read More

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State v. Patrick H. Dalton, 2016AP2483-CR, 7/19/17, District 2 (one-judge decision; ineligible for publication), petition for review granted 11/13/17, affirmed in part and reversed in part, 2018 WI 85; case activity (including briefs) Patrick Dalton was badly injured in a car crash. He argues on appeal that there was no exigency justifying the warrantless blood draw… Read More

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Bill Tyroler, On Point’s original writer, has kept a low profile since he retired. But lucky for us he can’t contain himself regarding SCOW’s decision in State v. Howes and court of appeals recent certification in State v. Gerald Smith. He says SCOW’s Howes opinion allows defense counsel to argue that exigent circumstances are required for… Read More

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State v. David W. Howes, 2017 WI 18, on certification from the court of appeals; case activity (including briefs) The supreme court granted certification in this case to decide an important question: Does Wisconsin’s implied consent statute create a categorical “consent” exception to the warrant requirement as to unconscious drivers, thus allowing police to collect blood without having to… Read More

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County of Milwaukee v. Alpesh Shah, 2015AP1581, District 1, 8/16/16 (1-judge opinion; ineligible for publication); case activity (including briefs) Shaw was convicted of operating a motor vehicle with a restricted controlled substance in his blood pre-McNeely. He challenged the warrantless draw of his blood because there were no exigent circumstances–THC doesn’t dissipate like alcohol, and… Read More

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