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A. Expectation of privacy

State v. Michael R. McGinnis, 2018AP1388-CR, District 3, 10/8/19 (not recommended for publication); case activity (including briefs) An officer investigating a hit-and-run at the Happy Hollow Tavern unlawfully pushed his way into McGinnis’s home and then arrested him. The state concedes the officer’s entry was unlawful, so the evidence and statements police obtained while 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. Lonnie P. Ayotte, Jr., 2018AP839-CR, 7/25/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Like Jessica Randall, Ayotte consented to a blood draw after his OWI arrest but then asserted his right to privacy in his blood and told authorities they couldn’t test his blood for alcohol without a warrant… 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State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to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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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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The 4th Amendment in the digital age

Last June in Carpenter v. United States, SCOTUS held that phone users have a 4th Amendment right to historical cell site location records. Prof. Orin Kerr has a new paper out about how to implement Carpenter. Click here.  But why stop reading there? You can also read Prof.  Alan Rozenshtein’s new paper on 4th Amendment… Read More

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State v. Jordan Bennett Micklevitz, 2018AP637-CR, District 1, 1/23/19 (not recommended for publication); case activity (including briefs) The court of appeals rejects Micklevitz’s challenges to the search of his apartment. Police went to Micklevitz’s apartment on a misdemeanor domestic violence battery “want.” Micklevitz answered the officers’ knock on his door, and police determined he matched… Read More

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State v. Johnny K. Pinder, 2018 WI 106, 11/16/18, on certification from the court of appeals; 2017AP208; case activity (including briefs) The police thought Pinder was probably the culprit in a string of burglaries, so they applied for, and got, a warrant to attach a GPS device to his car. They did not actually do… Read More

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