State v. Neil A. Morton, 2013AP2366-CR, District 4, 4/17/14 (1-judge; ineligible for publication); case activity This is another OWI case holding that a warrantless blood draw that would now be unlawful under Missouri v. McNeely is admissible under the good-faith exception to the exclusionary rule. Déjà vu. Morton appealed an OWI conviction arguing that the circuit court… Read more
3. Exigent circumstances
State v. Cassius A. Foster, 2011AP1673-CRNM: Review of a court of appeals summary disposition; case activity State v. Alvernest Floyd Kennedy, 2012AP523-CR: Review of an unpublished court of appeals decision; case activity State v. Michael R. Tullberg, 2012AP1593-CR: Review of an unpublished court of appeals decision; case activity Issues presented (composed by On Point) Whether the draw… Read more
State v. William A. Reese, 2014 WI App 27; case activity The results of a driver’s blood test should not be suppressed even if they were obtained without a warrant and in the absence of exigent circumstances in violation of Missouri v. McNeely, 133 S. Ct. 1552 (2013), because the arresting officer acted in good faith… Read more
State v. Jeffrey G. Vanden Huevel, 2013AP1107-CR, District 3, 10/8/13; court of appeals decision (1-judge; ineligible for publication); case activity After rolling his car over early one morning Vanden Huevel left the scene of the accident and went back to his cabin. (¶¶1-7). A sheriff’s deputy named Kelley located the cabin and started knocking on… Read more
The United States Supreme Court’s decision in Missouri v. McNeely marked a big change for Wisconsin. Click here for On Point’s analysis of the case. If you’re yearning for more information on what McNeely means for Wisconsin OWI cases, you might want to watch this half-hour program on Wisconsin Eye. It features Dane County Judge… Read more
Missouri v. McNeely, USSC No. 11-1425, 4/17/13 United States Supreme Court decision, affirming State v. McNeely, 358 S.W.3d 65 (Mo. 2012) In a decision that works a major change in Wisconsin law governing nonconsensual, warrantless blood draws in OWI cases, the U.S. Supreme Court holds the evanescent quality of alcohol in a suspect’s bloodstream does not in… Read more
State v. Kenneth F. Johnston, 2012AP2427-CR, District 3, 4/16/13; court of appeals decision (1-judge, ineligible for publication); case activity The search of Johnston’s car was supported by probable cause to believe there were open intoxicants in the car: ¶17 In this case, before [Officer] Wojcik searched the vehicle for open intoxicants, Wojcik smelled the odor of… Read more
State v. Andrew Alexander Jackson, Jr., 2013 WI App 66; case activity The circuit court erred in suppressing marijuana found in the trunk of Jackson’s car because there was probable cause to search the trunk based on the discovery of marijuana residue, $1,961 in cash, and a digital scale in the passenger compartment of the… Read more
