State v. Andreas W. Rauch Sharak, 2024AP469-CR, 1/16/25, District 4; case activity (including briefs) Rauch Sharak’s appeal concerns whether Fourth Amendment safeguards are implicated when an electronic service provider (ESP) scans for and reviews digital files in an individual’s account that are flagged as child pornography; and when law enforcement subsequently opens and views any flagged… Read more
35. Search & Seizure
State v. Holly J. Grimslid, 2024AP954, 1/16/24, District IV (one-judge decision; ineligible for publication); case activity COA holds that, even if officer’s actions denying the defendant’s request to use the bathroom while he waited to obtain warrant for a blood draw were unreasonable under the Fourth Amendment, suppressing evidence of the blood draw is not… Read more
State v. Christopher A. Gore, 2023AP169-CR, 1/7/25, District III (recommended for publication), case activity The Court of Appeals held, in a decision recommended for publication, that Christopher Gore’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent, and the officer’s statement that he would seek… Read more
State v. Lavelle Edgar Young, 2024AP470, 12/26/24, District I (one-judge decision; ineligible for publication); case activity The Court of Appeals affirmed the circuit court’s order denying Lavelle Young’s motion to suppress physical evidence and his statements when an officer knocked on the window of his vehicle after observing Young sleeping in the driver’s seat of… Read more
City of Platteville v. Travis Jon Knautz, 2024AP1291 & 1292, 12/5/24, District IV (1-judge decision, ineligible for publication); case activity In this drunk driving forfeiture case, the city appeals an order granting Knautz’s motion to suppress all of the evidence that police obtained after an investigatory traffic stop. The COA affirms, concluding that the city… Read more
State v. Joseph Blankenship, 2024AP791-CR, 11/7/24, District IV (one judge decision; not eligible for publication); case activity The Court of Appeals affirmed the circuit court’s order granting Joseph Blankenship’s motion to suppress because police did not have reasonable suspicion to direct him out of his vehicle to perform field sobriety tests. At 11:30 p.m., Muscoda… Read more
State v. Carter Nelson, 2024AP617-CR, 11/6/24, District II (one judge decision; not eligible for publication); case activity The Court of Appeals reversed the circuit court’s order granting Carter Nelson’s motion to suppress cocaine seized from his vehicle without a warrant and without probable cause. The Court held that the evidence would have inevitably been discovered… Read more
State v. Michael Joseph Gasper, 2023AP2319, 10/30/24, District 2 (recommended for publication); case activity (including briefs) The circuit court held that an officer’s warrantless inspection of a cyber tip digital video file provided to the officer and identified as child pornography by a private internet service provider constituted an unreasonable search in violation of the… Read more
