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2. Probable cause

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. 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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State v. Brian A. Plencner, 2019AP517-CR, District 2, 10/28/20 (not recommended for publication); case activity (including briefs) The court of appeals holds trial attorney was not ineffective for failing to seek suppression of evidence found on Plencner’s computer equipment based on the delay in analyzing the equipment. In late March 2010 police began investigating a… Read more

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State v. Synika Antonio Kirk, 2019AP175, 9/22/20, District 3 (not recommended for publication); case activity (including briefs) You know, those semis that carry like 6 or 10 cars. Kirk owned a 1989 Jaguar that was riding on such a vehicle along with several other cars. A Kansas trooper pulled the truck over and asked to… Read more

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State v. Samuel L. Nichols, Jr., 2019AP802-CR, District 4, 7/16/20 (not recommended for publication); case activity (including briefs) Nichols was charged with capturing images of nudity without consent and sexual assault. He argues the police didn’t have probable cause to seize his cell phone and therefore the images they found on it must be suppressed… Read more

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County of Milwaukee v. Christann Spannraft, 2018AP1553 & 1554, 6/23/20, District 1 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) This is a pro se appeal of an OWI-1st conviction. Spannraft raises three claims, all of which are rejected. First, she says the court should have letter introduce evidence about the arresting officer’s… Read more

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State v. Mose B. Coffee, 2018AP1209, petition for review granted 10/18/19; affirmed 6/5/20; case activity (including briefs) Issue: Whether evidence obtained during a warrantless search of a person’s vehicle incident to his OWI arrest must be suppressed when there was no reason to believe that evidence of the OWI arrest would be found in the area… Read more

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