Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point): Did the community caretaker rule authorize police to conduct a “protective sweep” of a home even though the person who needed assistance had already been identified and transported to a hospital for treatment? This case doesn’t appear to… Read more
C. Warrant unnecessary
State v. Kendra E. Manlick, 2014AP2138-CR, 2014AP2626-CR, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket and briefs Manlick was charged with possession of a controlled substance and bail-jumping after an officer, who knew of her drug record, stopped the car she was driving based on an outstanding warrant for the car’s… Read more
State v. Zoltan M. Peter, 2014AP1589-CR, 1/1/15, District 2 (1-judge opinion; ineligible for publication); click here for briefs and docket Peter was found guilty of operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood. He moved to suppress the marijuana that the police seized from his car, arguably… Read more
State v. David M. Wagner, 2014AP842-CR, District 2, 2/25/15 (one-judge decision; ineligible for publication); case activity (including briefs) Wagner voluntarily consented to a search of his person, and was not merely “[a]cquiesc[ing] to an unlawful assertion of police authority,” State v. Johnson, 2007 WI 32, 16, 299 Wis. 2d 675, 729 N.W.2d 182, when he agreed to the… Read more
State v. Frederick C. Thomas, III, 2014AP816-818, 2/19/15, District 4 (1-judge opinion; ineligible for publication); click here for briefs Thomas was convicted of OWI, operating a car with a prohibited alcohol concentration, unsafe lane deviation, and failure to signal a turn. He challenged the stop, the extension of the stop to conduct field sobriety tests… Read more
State v. Darrell G. Lewis, 2014AP2289-CR, 2/12/14; District 4 (one-judge opinion, ineligible for publication); click here for briefs After arresting Lewis for OWI, police searched his car and found marijuana. Lewis moved to suppress based on Arizona v. Gant, 556 U.S. 332 (2009), which permits a warrantless search of a car and containers within incident to… Read more
State v . Randall L. Shepherd, 2014AP962, 2/5/15, District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs A another day. Another challenge to a pre-McNeely warrantless blood draw bites the dust. You know the routine. An officer takes a warrantless blood from a defendant. No exigent circumstances exist. Defendant moves to suppress. The State… Read more
State v. Tyler M. Pasch, 2014AP1193-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs) Another day, another decision holding the good-faith exception to the exclusionary rule applies to blood drawn without a warrant or exigent circumstances because the blood draw happened before Missouri v. McNeely, 133 S. Ct. 1552 (2013), effectively overruled State… Read more
