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3. Dog sniff

State v. Anthony S. Taylor, 2017AP587-CR, 12/21/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Police responded to a 911 call from S.M., Taylor’s girlfriend. She had been in a fight with another woman in the apartment building they all lived in. The other woman told the cops that she had gone… Read More

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State v. James R. Stib, 2017AP3-CR, District 2, 11/15/17 (not recommended for publication); case activity (including briefs) Stib argues his traffic stop was unlawfully prolonged to conduct a dog sniff under Rodriguez v. United States, 135 S. Ct. 1609 (2015). Assuming Stib is correct, suppression of the evidence seized after the dog alerted is inappropriate under the good-faith exception… Read More

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State v. Troy Paulson, 2015AP456-CR, 8/31/16, District 2 (1-judge opinion, not recommended for publication); case activity (including briefs) This is the second dog sniff case from District 2 in less than a week. See our post on State v. Downer Jossi here, which recognized that SCOTUS’s Rodriguez v. United States overruled SCOW’s State v. Arias.  Paulson, however, did… Read More

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State v. Katherine J. Downer Jossi, 2016AP618-CR, 8/24/16, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) This court of appeals decision acknowledges what On Point predicted here when SCOTUS issued Rodriguez v. United States, 135 S. Ct. 1609 (2015). That is, Rodriguez, which held that prolonging a traffic stop to conduct a… Read More

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United States v. Lonnie Whitaker, 7th Circuit Court of Appeals Nos. 14-3290 & 14-3506, 4/12/16 Taking a drug-sniffing dog into the locked, second-floor hallway of an apartment building where there were at least six to eight apartments without first obtaining a warrant violated the Fourth Amendment under Florida v. Jardines, 133 S. Ct. 1409 (2013), and… Read More

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United States v. Larry Bentley, 7th Circuit Court of Appeals No. 13-2995, 7/28/15 A drug dog’s alert on Bentley’s car during a traffic stop was sufficient to establish probable cause to search in light of the standard established by Florida v. Harris, 133 S. Ct. 1050 (2013). Police stopped Bentley’s vehicle after observing it cross into another lane… Read More

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State v. Gary Monroe Scull, 2015 WI 22, 3/5/16, affirming a published court of appeals decision; lead opinion by Justice Bradley; case activity (including briefs) In a decision that fails to engage the real issue presented in the case, the supreme court holds that the good-faith exception to the exclusionary rule recognized in State v. Eason… Read More

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On review of published court of appeals decision; case activity Issue (composed by On Point) Did the good-faith exception to the exclusionary rule apply to a search of a home conducted in reliance on a search warrant that was itself based on a search by a drug-sniffing dog that violated Florida v. Jardines, 569 U.S. ___… Read More

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