35. Search & Seizure

City of LaCrosse v. Corina Ducharme, 2014AP374, District 4, 8/7/14 (1-judge; ineligible for publication); case activity The stop of Ducharme’s car was justified under the community caretaker doctrine because the officer had objectively reasonable grounds to be concerned about the safety of the driver, as the car was parked at a boat landing at 2:40 a.m. with… Read more

State v. Robert J. Kowalis, 2014AP258, District 2, 8/6/14 (1-judge; ineligible for publication); case activity The circuit court’s refusal finding under § 343.305(9) is upheld because the officer had probable cause to arrest Kowalis for operating while intoxicated. Kowalis was found in the driver’s seat of a car parked across a sidewalk and partly on the grass of the terrace between… Read more

State v. Jeremiah J. Purtell, 2014 WI 101, 8/1/14, reversing an unpublished court of appeals decision; majority opinion by Justice Gableman; case activity In a case that expands the power of probation agents to search probationers’ computers and similar digital devices, the supreme court holds that the search of Purtell’s computer by his probation agent was reasonable… Read more

City of Bloomer v. James S. Frank, 2013AP2597, District 3, 8/5/14 (1-judge; ineligible for publication); case activity The circuit court didn’t erroneously exercise its discretion in reopening suppression hearing to take additional evidence in the form of dispatch recordings which the city tried, but failed, to obtain before the suppression hearing in the case. Frank… Read more

State v. Bradley Edward Magdzas, 2014AP250-CR, District 3, 8/5/14 (1-judge; ineligible for publication); case activity The police had reasonable suspicion to stop Magdzas and, once he was stopped, could reasonably ask him for his name and identification. Police investigating an incident involving one Kauther and a state trooper went to Kauther’s home to try to… Read more

State v. Lester C. Gilmore, 2013AP2186-CR, District 2, 7/30/14 (not recommended for publication); case activity Trial counsel wasn’t ineffective for failing to call a witness at a Franks v. Delaware, 438 U.S. 154 (1978), hearing because counsel was concerned the witness was unpredictable and might undermine his argument and because he was instead able to rely on the… Read more

State v. Jesse N. Schwartz, 2013AP1868-CR, District 2, 7/30/14 (not recommended for publication); case activity The community caretaker exception to the Fourth Amendment’s warrant requirement didn’t justify the search of Schwartz’s home because police did not have a reasonable basis to believe another individual was in the home at the time of the search. Police suspected… Read more