Follow Us

Facebooktwitterrss
≡ Menu

3. Exigent circumstances

State v. Patrick H. Dalton, 2018 WI 85, 7/3/18, reversing in part and remanding an unpublished court of appeals decision; case activity (including briefs) The supreme court holds there were exigent circumstances that allowed police to draw blood from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

{ 0 comments }

Collins v. Virginia, USSC No. 16-1027, 2018 WL 2402551, 5/29/18, reversing Collins v. Commonwealth, 790 S.E.2d 611 (Va. 2016); SCOTUSblog page (includes links to briefs and commentary) Police learned a stolen motorcycle that had evaded them on two occasions was likely parked at a house where Collins stayed. When they got to the house, they… Read More

{ 0 comments }

State v. Keith A. Wall, 2017AP2367-CR, District 4, 5/17/18 (one-judge decision; ineligible for publication); case activity (including briefs) Wall sought the suppression of the results of the test of his blood, which showed he had a BAC of 0.178 after his arrest for OWI. He argues the blood was seized unlawfully because police didn’t have… Read More

{ 0 comments }

State v. Patrick H. Dalton, 2016AP2483-CR, petition for review 0f an unpublished court of appeals opinion granted 11/13/17; case activity (including briefs) Issues: 1.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

{ 0 comments }

Collins v. Virginia, USSC No. 16-1027, cert granted 9/28/17; lower court opinion; USSC docket; SCOTUSblog page Question presented: Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the house. Two police officers were looking… Read More

{ 0 comments }

State v. Robert Torres, 2017 WI App 60; case activity (including briefs) It’s unclear why this opinion is recommended for publication–it seems to be a pretty straightforward application of the law to a particular fact situation.The police got a call from the downstairs tenant in a two-unit apartment building, reporting “narcotics in progress.” When the… Read More

{ 1 comment }

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

{ 0 comments }

Review of an unpublished court of appeals decision; case activity (including briefs) Issue (from petition for review): Whether the doctrine of hot pursuit always justifies a forcible warrantless entry into the residence of one suspected of minor criminal activity. In the present case, the court of appeals declined to consider Mr. Delap’s argument that the… Read More

{ 0 comments }