B. Search warrants

Court of appeals upholds broad warrants to search Google and Yahoo email accounts

November 14, 2014

State v. Kelly M. Rindfleisch, 2013AP362-CR, 11/12/14, District 1 (recommended for publication); case activity Just how “particular” must a warrant to search a Gmail and Yahoo! Mail be in order to survive the Fourth Amendment’s “particularity” requirement? And does the answer change when the warrant is for searching the email accounts of someone […]

Read the full article →

Warrant invalidated because primary basis consisted of information the police garthered by trespassing

September 30, 2014

State v. Jeremiah R. Popp & Christopher A. Thomas, 2014 WI App 100; case activity: Popp; Thomas The search warrant for the home shared by Popp and Thomas was invalid because the primary basis for the warrant was derived from observations made by police when they trespassed on the defendants’ property and […]

Read the full article →

Police had sufficient basis to request PBT

August 27, 2014

State v. Jeanmarie Carini, 2014AP526-CR, District 2, 8/27/14 (1-judge; ineligible for publication); case activity There was reasonable cause to believe Carini was driving while impaired and therefore police properly asked her to submit to a preliminary breath test.

Read the full article →

Counsel wasn’t ineffective for failing to call witness at Franks hearing

July 31, 2014

State v. Lester C. Gilmore, 2013AP2186-CR, District 2, 7/30/14 (not recommended for publication); case activity Trial counsel wasn’t ineffective for failing to call a witness at a Franks v. Delaware, 438 U.S. 154 (1978), hearing because counsel was concerned the witness was unpredictable and might undermine his argument and because he was instead […]

Read the full article →

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State v. Bobby L. Tate, 2014 WI 89, 7/24/14, affirming an unpublished court of appeals decision; majority opinion by Justice Roggensack; case activity State v. Nicolas Subdiaz-Osorio, 2014 WI 87, 7/24/14, affirming an unpublished per curiam court of appeals decision; lead opinion by Justice Prosser; case activity In two decisions consisting of 8 […]

Read the full article →

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 […]

Read the full article →

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 […]

Read the full article →

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 […]

Read the full article →

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 […]

Read the full article →

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 […]

Read the full article →