Oconto County v. Joseph R. Arndt, 2014AP2955, District 3, 7/21/15 (one-judge decision; ineligible for publication); case activity (including briefs) Arndt was not arrested within the curtilage of his home under the test established by United States v. Dunn, 480 U.S. 294 (1987). Police arrested Arndt for OWI after they found him passed out, sprawled halfway inside and… Read more
8. Curtilage
State v. Rachael A. Dickenson, 2015AP277-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs) The police didn’t enter the curtilage of Dickenson’s home or commit a trespass by walking up her driveway toward the back of her house. Police were trying to locate Dickenson after finding her car in a snowbank. Two… Read more
Review of a published decision of the court of appeals; case activity (including briefs) Issue (composed by On Point) Did the police violate the Fourth Amendment by entering the parking garage of an apartment complex without a warrant and without the consent of a resident of the complex? As explained in greater detail in our post… Read more
State v. Brett W. Dumstrey, 2015 WI App 5, petition for review granted 3/16/15, affirmed, 2016 WI 3; case activity The court of appeals holds that the warrantless, nonconsensual entry by police into Dumstrey’s apartment complex parking garage was not unreasonable because the area was not part of the curtilage of Dumstrey’s home. The court also holds that… 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
Florida v. Jardines, USSC No. 11-564, 3/26/13 United States Supreme Court decision, affirming Jardines v. State, 73 So. 3d 34 (2011) In this 5-to-4 decision, the Supreme Court holds that using a drug-sniffing dog on a homeowner’s front porch to investigate the contents of the home is a “search” within the meaning of the Fourth Amendment… Read more
State v. Michael C. Christofferson, 2012AP571-CR, District 3, 10/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The officer didn’t develop probable cause (for OWI arrest; Christofferson was getting out of his car when the officer first saw him) until after illegal entry of the attached garage, therefore the ensuing arrest was unlawful… Read more
Village of Oregon v. Jeremy Florin, 2011AP1708, District 4, 8/16/12 court of appeals decision (1-judge, ineligible for publication); case activity Suspected of drunk driving, Florin was followed by a police officer to his home, ignored the officer’s command to stop, and went inside via an open garage. The officer entered the still-open garage, knocked on… Read more
