Follow Us

Facebooktwitter
≡ Menu

C. Warrant unnecessary

State v. James Timothy Genous, 2019AP435-CR, 11/1/22, District 1 (not recommended for publication); case activity (including briefs) In 2020 the court of appeals held that police didn’t have reasonable suspicion to stop Genous to investigate whether he was selling drugs. The supreme court reversed and sent the case back to the court of appeals to… Read more

{ 0 comments }

State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs) Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to… Read more

{ 0 comments }

State v. Gerald P. Mitchell, 2022 WI App 31; case activity (including briefs) Mitchell v. Wisconsin, 139 S.Ct. 2525 (2019), held that when police have probable cause to believe a driver has committed a drunk driving offense and the driver is unconscious or stupefied to a point that requires hospitalization and precludes a breath test… Read more

{ 0 comments }

County v. Buffalo v. Kevin J. Rich, 2020AP1526, 6/7/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals rejected all three of Rich’s challenges to his OWI 1st conviction. It held that the deputy did have reasonable suspicion to stop Rich’s jeep and to expand the stop to require… Read more

{ 0 comments }

State v. Eric D. Bourgeois, 2022 WI App 18; case activity (including briefs) Police went looking for Bourgeois at a hotel because he might have been in possession of stolen handgun, he had PTSD, and he had a drug problem. At 2:00 a.m., despite a “do not disturb” sign, 3 officers tried to enter his… Read more

{ 0 comments }

COA holds blood draw supported by exigency

State v. Christina Marie Wiederin, case activity (including briefs) Wiederin was a driver in a fatal head-on collision. She was seriously injured in the crash and was trapped inside the car for nearly an hour afterward; she was then taken by ambulance to a hospital in Minnesota, where she would undergo medical imaging followed by… Read more

{ 0 comments }

State v. Randy J. Promer, 2020AP1715-CR, 12/21/21, District 3 (not recommended for publication); case activity (including briefs). Last term, SCOTUS rejected the idea that “community caretaking” is a standalone doctrine that justifies warrantless searches and seizures in the home. See Caniglia v. Strom, 141 S. Ct. 1596 (2021). Concurring opinions raised the possibility that the… Read more

{ 0 comments }

State v. Christopher D. Wilson, 2020AP1014-CR, petition for review of an unpublished decision granted 11/17/21; case activity (including briefs) Issue presented (from the petition): Did the police have implicit license to enter the backyard of Mr. Wilson’s home through a gated privacy fence? Someone called 911 to report erratic driving; the caller relayed that the vehicle had… Read more

{ 0 comments }