State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: Warrantless search of bedroom upheld as probation/parole search under “special needs” doctrine, notwithstanding presence of police who were conducting a concurrent investigation: ¶15 We conclude, based on the court’s factual findings, that the search of Jones’s room was a… Read more
E. Administrative searches
State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: Entry of a probationer’s residence to effectuate a probation/parole search was reasonable: ¶22 We reject Jones’s argument. As the circuit court found, Trimble was told by Detective Pertzborn that Jones was sexually involved with a fourteen-year-old girl and… Read more
State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: ¶24 Wisconsin Admin. Code § DOC 328.21(3)(f) (Dec. 2006) provides that probation or parole agents “may not forcibly enter a locked premises to search it if the client whose living quarters or property it is is not present.” Jones… Read more
Green v. Berge, 354 F. 3d 675 (7th Cir. 01-4080, 1/9/04) Issue/Holding: The Wisconsin law, § 165.76 et seq., was passed in 1993. In its original form, only prisoners convicted of certain offenses were required to give DNA samples for analysis. In 1999, the law was amended to require that all persons convicted of felonies… Read more
John Doe and Jane Doe v. Heck, 327 F. 3d 492 (7th Cir. 01-3648, 4/16/03) Issue/Holding: “(T)o the extent § 48.981(3)(c)1 authorizes government officials to conduct an investigation of child abuse on private property without a warrant or probable cause, consent, or exigent circumstances, the statute is unconstitutional.” Also see Michael C. v. Gresbach, 7th Cir No. 07-1756, 5/19/08… Read more
State v. Timothy T. Clark, 2003 WI App 121 For Clark: Rodney Cubbie Issue/Holding: Existence of, and compliance with, a police policy on conducting an inventory search relates only to the reasonableness of the search and not the seizure of the item searched: ¶11. Here, the State contends that the search of the vehicle was a… Read more
State v. Brandon L. Wheat, 2002 WI App 153, PFR 6/14/02 For Wheat: Steven A. Koch, Bradley J. Lochowicz Issue/Holding: The record shows that the search of defendant’s residence was performed by his probation agent; police officers were present only for protection; therefore, this was a probation and not a law enforcement search. ¶23. UPDATE: What about… Read more
State v. Brandon L. Wheat, 2002 WI App 153, PFR 6/14/02 For Wheat: Steven A. Koch, Bradley J. Lochowicz Issue/Holding: Because the exclusionary rule doesn’t apply at revocation hearings, “(a) reasonable probation search, as conducted here, is lawful even if the probation officer relies, in part, on information from law enforcement officials in violation of the Fourth… Read more
