C. Warrant unnecessary

State v. Cassius A. Foster, 2014 WI 131, 12/26/14, affirming a court of appeals summary disposition; majority opinion by Justice Crooks; case activity State v. Alvernest Floyd Kennedy, 2014 WI 132, 12/26/14, affirming an unpublished court of appeals decision; majority opinion by Justice Gableman; case activity State v. Michael R. Tullberg, 2014 WI 134, 12/26/14, affirming a per curiam… Read more

State v. Charles V. Matalonis, 2014AP108-CR, District 2/4, 12/23/14 (not recommended for publication), petition for review granted 4/17/15; case activity The warrantless search of Matalonis’s home, which led to the discovery of marijuana, was not justified under the community caretaker exception to the warrant requirement because there was no reasonable basis to believe there was… Read more

State v. David C. Marker, 2014AP1122-CR, District 2, 12/10/14 (1-judge decision; ineligible for publication); case activity The stop of the vehicle Marker was driving was justified under the community caretaker exception because, based on a call from Marker’s ex-wife, police had reason to believe Marker was driving while intoxicated with his children in the vehicle. The three elements of the community… Read more

Questions presented: 1.  Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody. 2.  Whether it was clearly established that, even where an exception to the warrant requirement applied, an entry into a residence could… Read more

State v. Ashley L. Eirich, 2014AP1901-CR, District 2, 11/26/14 (1-judge decision; ineligible for publication); case activity Saying that “[t]raining and experience do not turn police officers into drug-detection canines,” the court of appeals holds that probable cause to search a vehicle based on the odor of raw marijuana did not extend to a search of the… Read more

State v. Jennifer M. Parisi, 2014 WI App 129; case activity The warrantless entry into Parisi’s apartment was lawful because police had probable cause to believe the apartment contained evidence of a crime and there were exigent circumstances justifying entry without a warrant. Police went to Parisi’s apartment building in response to a drug activity complaint. The complainant said she’d… Read more

Jeremy Carroll v. Andrew Carman, et ux., USSC No. 14-212, 11/10/14 (per curiam), reversing and remanding Carman v. Carroll, 749 F.3d 192 (3rd Cir. 2014); docket A police officer being sued under 18 U.S.C. § 1983 for violating the Fourth Amendment doesn’t lose qualified immunity as a matter of law because he went to the back door… Read more