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1. Consent

State v. Dorian M. Torres, 2018 WI App 23; case activity (including briefs) Dorian Torres’s mother Shelly allowed police into the apartment Dorian was living in with his father, Emilio. The police found Emilio’s body during a search of the apartment, leading to Dorian being charged with homicide. The court of appeals holds the police reasonably… Read more

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State v. Faith N. Reed, 2016AP1609-CR, petition for review of an unpublished court of appeals decision granted 3/13/18; case activity (including briefs) Issues (composed by On Point): Whether an apartment dweller consented to police entry of his apartment by leading an officer to the door and going in. If such consent was given, whether it was revoked… Read more

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State v. Anthony S. Taylor, 2017AP587-CR, 12/21/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Police responded to a 911 call from S.M., Taylor’s girlfriend. She had been in a fight with another woman in the apartment building they all lived in. The other woman told the cops that she had gone… Read more

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State v. Willie Brownlee, Jr., 2015AP2319-CR, 11/21/17, District 1, (not recommended for publication); case activity (including briefs) Two officers stopped Brownlee after he drove his rental car through a red light. One officer approached the driver’s side, the other approached the passenger side occupied by Brownlee’s friend. Both smelled the distinct odor of burnt marijuana… Read more

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State v. Matthew P. Elliott, 2016AP2363, 11/8/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) A police officer in his squad followed a vehicle from a bar for a short time before the vehicle turned into the parking lot of a closed restaurant. A couple minutes later, the officer returned and parked… Read more

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State v. Michael J. Mansfield, 2016AP2423-CR, 10/3/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Mansfield argued police didn’t have reasonable suspicion to detain him based on a tip from an anonymous Turtle Lake Casino employee. The court of appeals holds the tipster should be treated as a citizen informant and, under the… Read more

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State v. Gerald Mitchell, 2015AP304-CR; certification granted 9/11/17; case activity (including briefs) Issue: Whether the warrantless blood draw of an unconscious motorist pursuant to Wisconsin’s implied consent law, where no exigent circumstances exist or have been argued, violates the Fourth Amendment. Yes, you’ve read about this issue several times before. That’s because SCOW granted certification… Read more

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State v. Michael A. Johnson, 2017AP331-CR, District 2, 8/23/17 (1-judge opinion, ineligible for publication); case activity (including briefs) Officer Baldwin stopped Johnson for failing to dim his headlights, then cited him for that and failing to provide proof of insurance for the car he was driving (his mom’s). Baldwin told Johnson that he was free… Read more

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