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7. Statutory violations

State v. Todd DiMiceli, 2020AP1302-CR, District 4, 9/16/21 (not recommended for publication); case activity (including briefs) Under § 968.375(6), a court-ordered subpoena for electronic communication records must be served within 5 days of issuance. The subpoena used to obtain internet records regarding DiMiceli from Charter Communications wasn’t served till 9 days after issuance. The records… Read more

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State v. Darren Wade Caster, 2015AP1965-CR, District 3, 10/12/2016 (one-judge decision; ineligible for publication); case activity (including briefs) The fact that an officer stopped Caster outside the limits of his jurisdiction does not mean the evidence garnered from the stop must be suppressed because the stop was reasonable. A City of New Richmond police officer… Read more

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State v. Jimmie G. Minett, 2014 WI App 40; case activity Issue:  Whether under State v. Popenhagen, 2008 WI 55, 309 Wis. 2d 601, 749 N.W.2d 611, suppression of evidence discovered during a strip search may be a remedy for violation of § 968.255? Holding:  “No,” said the court of appeals.  Popenhagen simply abrogated case law that… Read more

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State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue/Holding: ¶62 …[E]vidence obtained in violation of a statute (or not in accordance with the statute) may be suppressed under the statute to achieve the objectives of the statute, even though the statute does not expressly provide for the… Read more

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State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue: Whether the person whose documents were produced by a bank pursuant to subpoena has standing to seek suppression of the documents. Holding: ¶24 A person has standing to seek judicial intervention when that person has “a personal stake in… Read more

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State v. Ellen T. Straehler, 2008 WI App 14 For Straehler: Daniel P. Fay Issue: Whether suppression is a remedy for violation of health care privacy laws (HIPAA; § 146.82). Holding1: ¶10      Straehler’s argument does not carry for a number of reasons. First, Straehler ignores the fact that HIPAA is limited in its scope and applicability… Read more

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State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue: Whether documents produced in violation of § 968.135 subpoena procedure are suppressible. Holding: ¶30 The State concedes, and properly so, that contrary to the requirements of Wis. Stat. § 968.135 no showing of probable cause was made to the… Read more

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State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue: Whether statements made when confronted with documents produced in violation of § 968.135 subpoena procedure are suppressible. Holding: ¶81 The defendant’s motion to suppress the incriminating statements in the present case is substantially similar in nature to a motion… Read more

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