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6. Scope of warrant

State v. Collin M. Gallagher, 2017AP1403, 4/5/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Police took Gallagher’s blood by a warrant that the parties agree was supported by probable cause of operating while intoxicated. He argues, though, that the warrant did not, by its terms, authorize the subsequent testing of his… Read More

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United States v. Microsoft Corp., USSC No. 17-2, certiorari granted 10/16/17 Question presented: Whether a United States provider of email services must comply with a probable-cause-based warrant issued under 18 U.S.C. § 2703 by making disclosure in the United States of electronic communications within that provider’s control, even if the provider has decided to store… Read More

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State v. Benjamin Schneller, 2016AP2474, 6/22/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Benjamin Schneller was arrested for OWI and refused to submit to a blood draw, so the police got a warrant and took the blood anyway. He argues on appeal that the warrant only authorized the police to draw… Read More

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State v. Lauren Ann Erstad, 2015AP2675-CR, 7/28/16, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Convicted of an OWI 2nd, Erstad challenged the search warrant relied upon to collect and test her blood because: (1) the affidavit supporting the warrant contained false information; and (2) the warrant authorized the “collection” of her… Read More

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State v. Kelly M. Rindfleisch, 2014 WI App 121; 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 other than the person suspected of the crime… Read More

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State v. Diane M. Millard, 2012AP2646-CR, District 2, 7/17/13; court of appeals decision (1-judge; ineligible for publication); case activity A search warrant was supported by probable cause because the two events cited in the warrant request–a controlled heroin buy in January 2011 and a garbage search in July 2011 revealing “a small, circle shaped screen… Read More

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State v. James G. Brereton, 2013 WI 17, affirming 2011 WI App 127; case activity Search and seizure of vehicle — attaching GPS tracking device After lawfully stopping Brereton, the police removed him from his car, towed it to a lot, and, after obtaining a warrant, attached a GPS tracking device. The car was returned… Read More

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State v. Michael A. Sveum, 2009 WI App 81, affirmed on other grounds, 2010 WI 92 For Sveum: Robert J. Kaiser, Jr. Issue/Holding:  ¶40      Sveum’s particularity argument is that the many items authorized for seizure were so “non-specific” that the warrant was an invalid general warrant. Police were authorized to seize phone bills, journals, calendars, logs, computers… Read More

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