State v. Marilee F. Devries, 2012 WI App 119 (recommended for publication); case activity Devries’ probation agent, after detecting alcohol on her breath during a visit at the probation office, had a law enforcement officer administer a preliminary breath test. One thing led to another and she was convicted of OWI. She challenges the PBT… Read more
E. Administrative searches
Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity Extended Supervision Conditions – Suspicionless Searches A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and… Read more
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… Read more
State v. Omark D. Ward, 2011 WI App 151 (recommended for publication); for Ward: Mary Scholle, SPD, Milwaukee Appellate; case activity Ineffective Assistance of Counsel – DNA Search Warrant Court commissioner’s order that Ward provide DNA sample violated “oath or affirmation” requirement for warrants: ¶10 Unless a person consents to giving a sample of his or her… Read more
certification; for Rowan: Paul G. LaZotte, SPD, Madison Appellate; case activity; review granted, 10/25/11 Extended Supervision Conditions – Limits on Fourth Amendment Rights 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… Read more
State v. Seneca Joseph Boykin, 2009AP2499-CR, District 2, 9/22/10 court of appeals decision (3-judge, not recommended for publication); for Boykin: Mark A. Schoenfeldt; BiC; Resp. A probation agent may not evade the warrant requirement by acting as a “stalking horse” for the police in conducting a warrantless search of a probationer’s residence, ¶10. In this instance, probation… Read more
State v. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the… Read more
State v. Colin G. Schloegel, 2009 WI App 85 For Schloegel: Sarvan Singh Issue/Holding1: School grounds are extended to the school parking lot, so that the test for searches of students, New Jersey v. T.L.O., 469 U.S. 325 (1985), applies to search of a student’s car parked in the lot, ¶¶15-19. Issue/Holding2: Search of student’s car in school… Read more
