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B. Search warrants

State v. Jeffrey L. Moeser, 2022 WI 76, 11/23/22, affirming an unpublished court of appeals decision; case activity (including briefs) The Fourth Amendment requires that warrants shall not be issued except upon probable cause “supported by Oath or affirmation.” The officer who applied for a warrant to draw Moeser’s blood after an OWI arrest made… Read more

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State v. Randaro V. Jones, 2020AP1046, District 1 (one-judge decision; ineligible for publication) 9/7/22, case activity (including briefs) This is not an OWI case; rather, it’s an appeal from a conviction of recklessly endangering safety by using a firearm while intoxicated. But the blood test that led to this charge came as a result of… Read more

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State v. Donald A. Whitaker, 2022AP204-CR, District 2, 7/27/22 (one-judge decision; ineligible for publication); case activity (including briefs) A telephonic warrant may be valid even if the court did not arrange for an electronic or written recording of the officer’s telephone call to be made. The procedures for obtaining a telephonic search warrant are set… Read more

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State v. Valiant M. Green, 2022 WI 41, affirming a court of appeals summary disposition, 2019AP2150-CR, case activity (including briefs) Does an affidavit supporting a warrant for a blood draw state probable cause where it alleges that the defendant “drove or operated a motor vehicle at driveway of [residential address]” and that the defendant “admitted… Read more

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City of Waukesha v. Brian John Zimmer, 2012AP530-531, 3/23/22, District 2; case activity (including briefs) The circuit court suppressed the results of Zimmer’s preliminary breath test because Officer Moss demanded, rather than asked, Zimmer to submit to a PBT, contrary to §343.303. It also dismissed Zimmer’s OWI citations. The court of appeals reversed because Moss… Read more

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Orin Kerr at Volokh Conspiracy has posted an essay on a recent federal district court decision regarding the legality of so-called “geofence” warrants, which involve law enforcement getting access to Google’s cell phone location data and using the data to advance a criminal investigation. Google apparently imposes its own sort of “warrant” requirement, and the basic… Read more

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State v. Jeffrey L. Moeser, 2019AP2184-CR, petition for review of an unpublished decision granted 11/18/21 ; case activity (including briefs) Issue presented (from the petition): Whether the ‘Oath’ requirement under the Fourth Amendment of the US Constitution and Article 1, Section 11 of the Wisconsin Constitution require a police officer to swear an oath to the truthfulness… Read more

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State v. Valiant M. Green, 2019AP2150, petition for review of a summary order of the court of appeals granted 9/14/21; case activity (including briefs) Issue presented (from the petition): Did the affidavit in support of that search warrant fail to state probable cause to believe that Mr. Green had committed a crime and thus require… Read more

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