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2019-20 Term 34. Search & Seizure 44. WI Supreme Court 6. Act 79 B. Opinions C. Warrant unnecessary Important Posts

In case of first impression, SCOW upholds search pursuant to Act 79

State v. Roy S. Anderson, 2019 WI 97, affirming a per curiam court of appeals decision, 11/15/19; case activity (including briefs) Act 79 permits law enforcement to search a person on probation, parole or extended supervision based on reasonable suspicion (not probable cause) that the person, is is about to, or has committed a violation […]
Source: WI Public Defenders – On Point
In case of first impression, SCOW upholds search pursuant to Act 79

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3. Exigent circumstances 34. Search & Seizure 45. WI Court of Appeals B. Published opinions C. Warrant unnecessary e. Hot pursuit Important Posts Published 2019

How to measure the hotness of an officer’s pursuit

State v. Jeffrey L. Ionescu, 2018AP1620-CR, 11/13/19, District 2 (recommended for publication; case activity (including briefs) A homeowner told police that he found a burglar in his car and saw him run west across his yard. About 10 minutes later, officer and a trained tracking dog headed in that direction for about 30 minutes. The […]
Source: WI Public Defenders – On Point
How to measure the hotness of an officer’s pursuit

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2. Traffic stops 34. Search & Seizure 45. WI Court of Appeals a. Field Sobriety Testing C. Unpublished Opinions G. Reasonable suspicion

Officer’s urge to “search for the truth” doesn’t justify an extension of a traffic stop

State v. Tunis Jay LeFever, 2019AP702-CR, District 2, 10/30/19, (1-judge opinion, ineligible for publication); case activity (including briefs) An officer stopped LeFever for speeding, noticed that he had bloodshot eyes, and detected a faint odor of alcohol but wasn’t sure of the source. He asked LeFever to complete field sobriety tests. The officer noted indicators […]
Source: WI Public Defenders – On Point
Officer’s urge to “search for the truth” doesn’t justify an extension of a traffic stop

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2. Probable cause 34. Search & Seizure a. Automobile b. Container B. Search warrants Important Posts Pending in SCOW

SCOW will address vehicle searches incident to OWI arrests

State v. Mose B. Coffee, 2018AP1209, petition for review granted 10/18/19; 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 of the […]
Source: WI Public Defenders – On Point
SCOW will address vehicle searches incident to OWI arrests

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1. Consent 3. Evidence 34. Search & Seizure 45. WI Court of Appeals 9. Crimes a. Scope B. Chs. 343-346: Traffic offense Blood Test Admissibility C. Unpublished Opinions C. Warrant unnecessary

SCOW’s decision in Randall is binding on whether consent to blood test can be withdrawn

State v. John W. Lane, 2019AP153-CR, District 4, 10/17/19 (one-judge decision; ineligible for publication); case activity (including briefs) Lane consented to a blood draw after his OWI arrest, but a week later wrote the State Hygiene Lab saying he was revoking his consent to the collection and testing of his blood. The authorities tested the […]
Source: WI Public Defenders – On Point
SCOW’s decision in Randall is binding on whether consent to blood test can be withdrawn

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'19-20 1. Stops, in general 34. Search & Seizure 44. WI Supreme Court A. Review Grants c. Duration G. Reasonable suspicion Pending in SCOW Uncategorized

SCOW to review extension of traffic stop case where Judge Reilly invoked Dred Scott

State v. Courtney C. Brown, 2017AP774, petition for review granted 10/15/19 case activity (including links to briefs) Issues (petition for review) Whether police unlawfully extended a noncriminal traffic stop beyond its initial purpose? As explained in our post on the court of appeals’ decision, an officer stopped Brown’s car, noticed he wasn’t wearing a seat belt, […]
Source: WI Public Defenders – On Point
SCOW to review extension of traffic stop case where Judge Reilly invoked Dred Scott

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34. Search & Seizure 45. WI Court of Appeals C. Unpublished Opinions G. Reasonable suspicion

Traffic stop for flashing high beams within 500 feet of approaching car was reasonable

State v. Jamie Ellin Grimm, 2019AP789-Cr, District 2, 10/16/19 (1-judge opinion, ineligible for publication), case activity (including briefs) When a driver approaches an oncoming car within 500 feet,  §347.12(1)(a) requires her to “dim, depress or tilt” her high beams so that “glaring rays” aren’t directed into the eyes of the approaching driver. It is undisputed […]
Source: WI Public Defenders – On Point
Traffic stop for flashing high beams within 500 feet of approaching car was reasonable

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18. Threshold of residence 34. Search & Seizure 4. Probable cause to arrest 45. WI Court of Appeals A. Expectation of privacy C. Unpublished Opinions D. Search incident to arrest e. OWI H. Exclusionary rule

Home entry was unlawful, but subsequent arrest was a-okay

State v. Michael R. McGinnis, 2018AP1388-CR, District 3, 10/8/19 (not recommended for publication); case activity (including briefs) An officer investigating a hit-and-run at the Happy Hollow Tavern unlawfully pushed his way into McGinnis’s home and then arrested him. The state concedes the officer’s entry was unlawful, so the evidence and statements police obtained while in […]
Source: WI Public Defenders – On Point
Home entry was unlawful, but subsequent arrest was a-okay

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1. Stops, in general 34. Search & Seizure 45. WI Court of Appeals C. Unpublished Opinions d. Mistake of law G. Reasonable suspicion

DOT rule governing tinted car windows is valid, and so is the stop based on its suspected violation

State v. Richard Rusk, 2019AP135-CR, 8/29/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) An officer stopped Rusk because he believed that tinting on the windshield of Rusk’s vehicles extended so far down as to violate Wis. Admin § Trans 305.34(6)(c)(May 2014). Rusk argued that this was a mistake of law because the […]
Source: WI Public Defenders – On Point
DOT rule governing tinted car windows is valid, and so is the stop based on its suspected violation

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34. Search & Seizure 4. Good faith rule 45. WI Court of Appeals 6. Search incident to arrest c. Implied Consent C. Unpublished Opinions D. Search incident to arrest H. Exclusionary rule

COA: Good faith OKs blood draw whether or not implied consent statute constitutional

State v. Justin W. Paull, 2017AP1210, 8/15/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Mr. Paull was found bloody and semi-conscious after a motorcycle accident. He smelled of intoxicants and had slurred speech. Police arrested him, and he was taken to the hospital. An officer read the informing the accused form […]
Source: WI Public Defenders – On Point
COA: Good faith OKs blood draw whether or not implied consent statute constitutional