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
35. Search & Seizure
State v. Patrick E. Gordon, 2014 WI App 44; case activity The circuit court’s findings—Gordon was in a high-crime area; he and his friends “recognized the police presence”; and, as a result, Gordon engaged in a “security adjustment,” which is “a conscious or unconscious movement that an individual does when they’re confronted by law enforcement… Read more
State v. Mitchell M. Treiber, 2013AP2684-CR, District 3, 3/11/14; court of appeals decision (1-judge; ineligible for publication); case activity The inevitable discovery doctrine, which provides that “evidence obtained during a search which is tainted by some illegal act may be admissible if the tainted evidence would have been inevitably discovered by lawful means,” State v. Lopez… Read more
State v. Michael J. Adrian, Jr., 2013AP1890-CR, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity Transporting Adrian from the site his vehicle was stopped to the nearest police station for the purpose of performing field sobriety tests did not convert a lawful Terry detention into an illegal custodial arrest. A person temporarily… Read more
Marquette County v. Randy S. Tomaw, 2013AP1510, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity Tomaw was going 17 miles over the speed limit at 1:20 on a Sunday morning. He did not appear to respond to the officer’s initial attempt at contact, his upper body swayed as he walked to… Read more
State v. Keith R. Friederick, 2013AP1609, District 4, 2/27/14; court of appeals decision (1-judge; ineligible for publication); case activity Friederick was not seized by officer who approached him on the street and said sought to talk to him, applying United States v. Mendenhall, 446 U.S. 544 (1980), along with State v. Griffith, 2000 WI 72, ¶53… Read more
Fernandez v. California, USSC 12-7822, 2/25/14, affirming People v. Fernandez, 145 Cal Rptr.3rd 51 (Cal Ct. App. 2012). Docket here; SCOTUSblog analysis of decision here; Orin Kerr’s “Five Thoughts on Fernandez” here; On Point analysis of cert grant here Police officers may, without a warrant, search a jointly occupied premises if one of the occupants… Read more
Kaley v. United States, USSC 12-464, 2/25/14 United States Supreme Court decision, affirming United States v. Kaley, 677 F.3d 1316 (11th Cir. 2012) In a 6-to-3 decision, the Supreme Court holds that when a post-indictment, ex parte restraining order under 18 U.S.C. § 853(e) freezes assets that are potentially subject to forfeiture but which the defendant needs to retain counsel, the defendant is… Read more
