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2. Attenuation of taint

Darryl J. Sutton v. Randy Pfister, 7th Circuit Court of Appeals No. 15-2888, 2016 WL 4446561, 8/24/16 Sutton filed a habeas petition challenging his sexual assault conviction on the ground the evidence connecting him with the crime was obtained by the state through a conceded violation of the Fourth Amendment in a different case. The district… Read more

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State v. Mastella L. Jackson, 2016 WI 56, 7/1/16, affirming a published decision of the court of appeals, 2015 WI App 49, 363 Wis. 2d 553, 866 N.W.2d 768; case activity (including briefs) Despite the “flagrant” and “reprehensible” violations of Jackson’s Fifth Amendment rights by police, the supreme court holds that physical evidence seized based in… Read more

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Utah v. Strieff, USSC No. 14-1373, 2016 WL 3369419 (June 20, 2016), reversing State v. Strieff, 357 P.3d 532 (Utah 2015); Scotusblog page (includes links to briefs and commentary) “This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants—even if you are doing nothing… Read more

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State v. Brian I. Harris, 2016 WI App 2, petition for review granted 4/6/16, affirmed 2017 WI 31; case activity (including briefs) Incriminating statements Harris made while he was in custody were admissible despite the lack of Miranda warnings because the statements were either sufficiently attenuated from the taint of police questioning or were not made in… Read more

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State v. David Jerome Gant, 2015 WI App 83; case activity (including briefs) Ten months after seizing Gant’s computer as part of their investigation of the death of Gant’s wife, police searched the computer pursuant to a warrant and found child pornography. Assuming it was unlawful for the police to keep Gant’s computer for that long, the… Read more

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Review of a published court of appeals decision; case activity (including briefs) Issues (composed by On Point from the PFR) Does the inevitable discovery doctrine require the State to show that information gained through police misconduct did not prompt or influence the purportedly lawful investigation? Does the inevitable discovery doctrine require the State to show that it… Read more

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Question Presented: Should evidence seized incident to a lawful arrest on an outstanding warrant be suppressed because the warrant was discovered during an investigatory stop later found to be unlawful? Lower court opinion: State v. Strieff, ___ P.3d ___, 2015 WL 223953 (Utah Jan. 16, 2015) Docket Scotusblog page This case concerns the applicability of the… Read more

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State v. Patrick Hogan, 2015 WI 76, 7/10/2015, affirming a court of appeals per curiam decision, 2013AP430-CR, majority opinion by Prosser; concurrence by Ziegler, dissent by Bradley (joined by Abrahamson); case activity (including briefs) Sixteen seconds. It takes longer than that just to find your keys, get into your car, buckle up and start your… Read more

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