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F. Private search or seizure

State v. Ricardo L. Conception, 2016AP1282-CR, 3/28, District 2 (not recommended for publication); case activity (including briefs) Concepcion pled to 10 counts of possession of child pornography. The court of appeals affirmed the denial of his suppression motion because the search of his home was a private-party search, not a government search. It also held… Read More

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The 4th Amendment has been described by Conservative HQ as “one of the most important arrows in the quiver against bullying big government.” Because the government doesn’t just search and seize paper–it also goes after your cell phones, your Facebook account, your email (even when stored on Google’s server), your tweets, your DNA (by definition… Read More

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seventh circuit court of appeals decision Habeas Review – IAC/Suppression Claim, Generally  Under Strickland, Rann must show that his counsel’s performance was deficient and that the deficient performance prejudiced his defense. Grosshans, 424 F.3d at 590 (citing Strickland, 466 U.S. at 687). When reviewing claims of ineffective assistance of counsel in habeas petitions, however, we… Read More

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State v. Troy L. Cameron, 2012 WI App 93 (recommended for publication); case activity Prosecutorial Vindictiveness – Neither Presumptive or Actual for Increased Charges Following Rejected Plea Offer  Cameron failed to establish prosecutorial vindictiveness in the filing of an amended information containing additional charges, after he rejected a plea offer to the original information. State v. Johnson, 2000… Read More

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Search & Seizure – Private Action

County of Jefferson v. Karla J. Raue, 2010AP3131, District 4, 7/7/11 court of appeals decision (1-judge, not for publication); for Raue: Walter Arthur Piel, Jr.; case activity Act of bar patron (turning off car and taking key from Raue) was private, non-governmental action, therefore didn’t implicate Raue’s 4th amendment rights. State v. Butler, 2009 WI… Read More

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Waupaca County v. Heather M. Krueger, 2010AP1290, District 4, 3/10/11 court of appeals decision (1-judge, not for publication); for Krueger: John M. Carroll; case activity Citizen’s detention of driver (for suspected drunk driving) until police arrived to effectuate probable cause-based arrest can’t support suppression of evidence because no state action was involved. ¶5        Krueger seeks suppression of… Read More

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State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding1: Viewing of memory stick, concededly obtained in “private” search not covered by 4th amendment, ¶13 n. 6, by off-duty police lieutenant who was defendant’s brother-in-law, was not a “government search”: ¶14      “Private searches are not subject to the Fourth Amendment’s… Read More

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State v. Paul Anthony Butler, 2009 WI App 52, PFR filed 4/20/09 For Butler: Trisha R. Stewart Martin Issue/Holding: Seizure and detention by security guard, until police arrived to conduct search, didn’t amount to government action so as to trigger 4th amendment analysis, under 3-factor test of State v. Tomas Payano-Roman, 2006 WI 47: ¶14      As we see from Butler’s… Read More

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