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6. Test for seizure

Torres v. Madrid, USSC No. 19-292, 2021 WL 1132514, 3/25/21, reversing 769 Fed. Appx. 654 (10th Cir. 2019); Scotusblog page (including links to briefs and commentary) Fans of dueling citations to ancient cases will want to savor the entirety of the majority and the somewhat heated dissent in this case; the serjeants-at-mace shew their mace… Read more

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State v. Shondrell R. Evans, 2020AP286-CR, District 4, 1/28/21 (not recommended for publication); case activity (including briefs) Evans was seized under the Fourth Amendment when two police officers parked their marked squad cars in a way that restricted—though didn’t totally obstruct—his ability to drive away, shined their headlights and spotlights on his car, and exited… Read more

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State v. Kelly C. Richardson, 2019AP1650-CR, District 2, 3/11/20, (1-judge opinion, ineligible for publication); case activity (including briefs) Police received a tip that Richardson appeared to be drunk while at a bank at 11:30 a.m. She left and drove to a Wal-Mart to shop. As she returned to her car, a sergeant approached and questioned… Read more

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State v. William J. Smith, 2018AP320-CR, District 1, 12/11/18 (not recommended for publication); case activity (including briefs) The encounter between police and Smith wasn’t a seizure, so the search of Smith wasn’t the fruit of an illegal seizure. Police were surveilling a car they believed was being driven by a wanted felon and saw Smith… Read more

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State v. Marquis Lakeith Pendelton, 2017AP2081-CR, 6/19/18, District 1, (1-judge opinion; ineligible for publication); case activity (including briefs) A caller reported to police that 2 suspicious males had been looking into cars parked in a church lot at 1:30 a.m, at 68th and Silver Spring in Milwaukee and had just run away. An officer thought… Read more

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State v. Marque D. Cummings, 2017AP1587-CR, District 1, 4/3/18 (1-judge opinion, ineligible for publication); case activity (including briefs) This is another one of those cases where the police seized and searched a person for being normal in a high crime area. “But OMG he was wearing a backpack–it might have contained drugs or burglary tools!!!”… Read more

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State v. Michel L. Wortman, 2017 WI App 61; case activity (including briefs) A glitch in the OWI penalty statute appears to suggest that OWI 7th and greater offenses don’t allow for a fine, but only for the imposition of the forfeiture provided for first-offense OWI. The court of appeals concludes otherwise. The court also rejects Wortman’s… Read more

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State v. Michael A. Johnson, 2017AP331-CR, District 2, 8/23/17 (1-judge opinion, ineligible for publication); case activity (including briefs) Officer Baldwin stopped Johnson for failing to dim his headlights, then cited him for that and failing to provide proof of insurance for the car he was driving (his mom’s). Baldwin told Johnson that he was free… Read more

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