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Extended Supervision Conditions – Limits on Fourth Amendment Rights

State v. Tally Ann Rowan, 2010AP1398-CR, rev. granted 10/25/11

on certification request (District 3/4); for Rowan: LaZotte, Paul G.; case activity

Issue (from Certification): 

The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer to search the defendant’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion.  While it is clear that a court may impose conditions of extended supervision that limit a defendant’s Fourth Amendment rights, the issue presented here is whether it is permissible to impose a condition that, in essence, eliminates those rights.  There are no cases in Wisconsin that address this issue.  Because this is a novel issue of statewide importance that is certain to recur, we hereby certify this appeal to the Wisconsin Supreme Court for its review and determination, pursuant to Wis. Stat. Rule 809.61 (2009-10).[1]

See prior post, here, for further discussion.

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