Riley v. California, USSC No. 13-132 (together with United States v. Wurie, USSC No. 13-212), 2014 WL 2864483 (June 25, 2014), reversing People v. Riley, No. D059840 (Cal. App. 4th Dist. 2013) (unpublished) (and affirming United States v. Wurie, 728 F.3d 1 (1st Cir. 2013)); Scotusblog case page (which includes links to briefs and commentary) and symposium page (additional opinion commentary) In a… Read more
35. Search & Seizure
Aaron v. Ols v. City of Milwaukee, 2013AP1882, District 1, 6/24/14 (not recommended for publication); case activity Ols is entitled to the return of his firearm under § 968.20 because there is insufficient evidence that Ols used the firearm in the commission of a crime. Ols was charged with disorderly conduct while armed (later reduced to a municipal ordinance violation) for… Read more
State v. Dale F. Wendt, 2014AP174, District 2, 6/18/14 (1-judge; ineligible for publication); case activity The information known to the deputy at the time he requested Wendt to take a blood test provided probable cause to believe Wendt had driven his vehicle while intoxicated earlier that evening, despite the deputy’s lack of information as to whether Wendt drank during… Read more
State v. Cordarol M. Kirby, 2014 WI App 74; case activity The court of appeals holds that “while exigent circumstances may justify entry, the fact that entry has already been made does not necessarily invalidate reliance on the exigent circumstances doctrine.” (¶22). Thus, because in this case there were exigent circumstances justifying police entry into an… Read more
State v. One 2010 Nissan Altima, 2013AP2176, District 2, 6/11/14 (not recommended for publication); case activity Daughter’s possession of and control over a car titled and registered in her father’s name made her the “owner” of the car for purposes of the property forfeiture law, so the circuit court properly rejected her father’s claim that he was… Read more
State v. Alberta R. Rose, 2013AP2783-CR, District 2, 6/4/14 (1-judge; ineligible for publication); case activity A police officer’s observations of a car “smoothly swerving three or four times” in its lane of travel over several blocks and then “appear[ing] to strike the center line” (¶2) provided reasonable suspicion to perform a valid investigatory stop of… Read more
State v. Joshua D. Winberg, 2013AP2661-CR, District 3, 5/28/14 (1-judge; ineligible for publication); case activity The driver of a car stopped based on officer’s knowledge that the car owner’s license was revoked was not unlawfully seized because, even thought it was immediately apparent the car owner was not driving, the police also immediately observed additional… Read more
On review of published court of appeals decision; case activity Issue (composed by On Point) Did the good-faith exception to the exclusionary rule apply to a search of a home conducted in reliance on a search warrant that was itself based on a search by a drug-sniffing dog that violated Florida v. Jardines, 569 U.S. ___… Read more
