B. Search warrants

SCOW unable to agree on whether cell phone tracking is a search

July 25, 2014

State v. Bobby L. Tate, 2014 WI 89, 7/24/14, affirming an unpublished court of appeals decision; majority opinion by Justice Roggensack; case activity State v. Nicolas Subdiaz-Osorio, 2014 WI 87, 7/24/14, affirming an unpublished per curiam court of appeals decision; lead opinion by Justice Prosser; case activity In two decisions consisting of 8 […]

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State v. Gary Monroe Scull, 2011AP2956-CR, petition for review granted 5/22/14

May 28, 2014

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 […]

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Police officers who entered and searched home and seized firearm–all without a warrant– are not civilly liable

May 21, 2014

Krysta Sutterfield v. City of Milwaukee, No. 12-2272 (7th Cir. May 9, 2014) Nine hours after obtaining a § 51.15 emergency detention order, Milwaukee police officers forcibly entered Sutterfield’s home without a warrant, opened a locked container, and seized the handgun and concealed carry licenses that were in the container. Sutterfield filed a […]

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Good-faith exception to exclusionary rule means evidence from unlawful use of GPS device can be admitted

April 24, 2014

State v. Scott E. Oberst, 2014 WI App 58; case activity The good faith exception to the exclusionary rule applies to evidence obtained during a period when binding Wisconsin appellate precedent permitted the warrantless installation of a global positioning system (GPS) device. Thus, even though the installation of the GPS device on […]

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SCOTUS: Police may conduct warrantless search of jointly-occupied dwelling if they first remove objecting occupant and then obtain co-occupant’s consent

February 26, 2014

Fernandez v. California, USSC 12-7822, 2/25/14, affirming People v. Fernandez, 145 Cal Rptr.3rd 51 (Cal Ct. App. 2012). Docket here; SCOTUSblog analysis of decision here; Orin Kerr’s “Five Thoughts on Fernandez” here; On Point analysis of cert grant here Police officers may, without a warrant, search a jointly occupied premises […]

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Good-faith exception to exclusionary rule saves search warrant based on unlawful search using drug dog

January 29, 2014

State v. Gary Monroe Scull, 2014 WI App 17, petition for review granted, 5/22/14 ; case activity Police violated Scull’s Fourth Amendment rights under Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013), when they brought a drug-sniffing dog to the front door of his residence without a […]

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No warrant, no affidavit, no worries. Failure to file suppression motion wasn’t ineffective assistance of counsel

January 23, 2014

State v. James Howard, 2013AP190-CR; 1/22/14; District 1; (not recommended for publication); case activity Howard, a former correctional officer, was convicted of 2nd and 3rd degree sexual assault of an inmate at the Milwaukee County Criminal Justice Facility.  On appeal he argued that his trial counsel was ineffective for failing […]

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Lack of probable cause to administer first PBT didn’t taint subsequent field sobriety tests and second PBT

January 22, 2014

State v. Derek S. Strasen, 2013AP1523-CR, District 2, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity There was no probable cause to administer an initial PBT to Strasen, who was stopped for speeding, even though he emitted a faint smell of intoxicants, had bloodshot and “glossy” eyes, […]

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Good faith exception to exclusionary rule saves fruits of unlawful search in Mexico

November 13, 2013

State v. Jack E. Johnson, 2013 WI App 140; case activity As part of their investigation of Johnson’s involvement in a homicide, Wisconsin police wanted to search Johnson’s rented residence in Rosarito, Mexico. They contacted FBI Special Agent Eckel, the U.S. liaison between Mexican and American law enforcement authorities. Eckel […]

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OWI — Probable cause to request preliminary breath test; admissibility of evidence of defendant’s refusal to take the test

August 7, 2013

State v. Raylene A. Brinkmeier, 2013AP15-CR, District 4, 8/1/13; court of appeals decision (1-judge; ineligible for publication); case activity The police had probable cause under § 343.303 to request Brinkmeier to submit to a preliminary breath test (PBT): ¶13     Contrary to Brinkmeier’s argument, the evidence supporting probable cause in […]

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