6. Search incident to arrest

State v. Benjamin Schneller, 2016AP2474, 6/22/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Benjamin Schneller was arrested for OWI and refused to submit to a blood draw, so the police got a warrant and took the blood anyway. He argues on appeal that the warrant only authorized the police to draw… Read more

State v. Joseph K. Larson, 2016AP1002-CR, 3/21/17, District III, (one-judge decision; ineligible for publication); case activity (including briefs) Joseph Larson contends on appeal that the circuit court erred when it concluded he consented to a breath alcohol test after his arrest for OWI. The officer conducting the test marked “urine” as the type of test… Read more

State v. David W. Howes, 2017 WI 18, on certification from the court of appeals; case activity (including briefs) The supreme court granted certification in this case to decide an important question: Does Wisconsin’s implied consent statute create a categorical “consent” exception to the warrant requirement as to unconscious drivers, thus allowing police to collect blood without having to… Read more

State v. Patrick Kozel, 2017 WI 3, reversing an unpublished court of appeals decision,  2016AP656-CR, 1/12/16; case activity (including briefs) Kozel, arrested for OWI-2nd and subjected to a blood draw by an Emergency Medical Technician (EMT) at a county jail, challenged the draw as violating §343.305(5)(b) (2011-12) and as unconstitutional, because  it was not performed  “by a… Read more

Review of a published court of appeals opinion; case activity (including briefs); petition for review Issues (from the petition): I. Whether the circuit court properly suppressed Mr. Blackman’s warrantless blood test because he was unconstitutionally coerced into taking the test when he was read the informing the accused form which incorrectly told him that he… Read more

SCOTUSblog has named a cert petition filed by the Maryland Public Defender “petition of the day“!! Here are the issues: 1. Under the exception to the warrant requirement announced in Arizona v. Gant, 556 U.S. 332, 343 (2009), permitting a vehicular search incident to a recent occupant’s arrest “when it is reasonable to believe evidence… Read more

Review of an unpublished court of appeals decision; case activity (including briefs); petition for review Issues (composed by On Point) (1)  May a prosecutor argue that a defendant’s refusal to submit to a breathalyzer test shows consciousness of guilt? (2)  When a circuit court denies a postconviction motion based on arguably inapplicable case law, must the defendant… Read more