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6. Test for seizure

State v. Mary G. Zinda, 2016AP455-CR, District 2, 9/7/16 (one-judge decision; ineligible for publication); case activity (including briefs) Two police officers approached Zinda as she got out of her car on her own driveway, but this did not amount to a seizure under the Fourth Amendment. And even if it was a seizure, it was… Read More

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State v. Tyler Q. Hayes,  2015AP314-CR, and State v. Tanner J. Crisp, 2015AP315-CR, 4/6/2016, District 2 (not recommended for publication); case activity (including briefs) A sheriff’s deputy, noticing a car parked outside the lines in a parking lot, pulled behind the car, walked up to the driver’s door, and perhaps (the testimony is not clear) asked that… Read More

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United States v. Dontray A. Smith, 7th Circuit Court of Appeals No. 14-2982, 7/20/15 Smith’s encounter with two officers on bicycles amounted to a seizure based on the totality of the circumstances surrounding the encounter, and because he was seized without reasonable suspicion, his Fourth Amendment rights were violated. Two Milwaukee police officers on bicycle patrol were investigating… Read More

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State v. Robert C. Blankenheim, 2015AP239-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs) Blankenheim’s challenges his OAR conviction by arguing that he was unlawfully stopped, that the evidence wasn’t sufficient to prove operation on a highway, and that the police officer wasn’t a credible witness. The court of appeals disagrees “on all points….” (¶1)… Read More

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State v. Juan Francisco Rosas Vivar, 2014AP2199-CR, District 4, 5/14/15 (one-judge decision; ineligible for publication); case activity (including briefs) Vivar wasn’t seized for Fourth Amendment purposes when an officer “called out” to Vivar in as he walked across a parking lot, saying “Juan, can you come talk to me?” ¶15      Vivar asserts that Officer Rupprecht… Read More

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State v. Richard S. Foley, 2014AP2601-CR, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity (including briefs) Detaining Foley in a squad car during a traffic stop was reasonable under the circumstances and didn’t transform the stop into an arrest. Foley and Thompson were riding their motorcycles when they were stopped by an officer who, after the… Read More

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State v. Joseph S. Cali, 2014AP493-CR, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity Applying the recent decision in County of Grant v. Vogt, 2014 WI 76, 356 Wis. 2d 343, 850 N.W.2d 253, the court of appeals holds that Cali wasn’t seized when a police officer, thinking Cali might be lost, pulled his… Read More

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Review of a per curiam court of appeals decision; case activity Issue (composed by Hogan’s petition for review): 1. When a person is illegally detained by law enforcement for a period of time and then is verbally released by the officers for a comparatively very brief period of time before being re-approached by the officer(s), when is… Read More

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