State v. Richard Chad Quinlan, 2022AP1855-1857, 8/17/2023, District 4 (one-judge decision; ineligible for publication) case activity (including briefs) Two DNR wardens suspected Quinlan had been engaging in some illegal hunting practices. They approached his cabin in plain clothes and in an unmarked truck. Quinlan’s mother was outside; the wardens identified themselves and said they wanted… Read more
1. Consent
State v. Steven W. Bowers, 2023 WI App 4; case activity (including briefs) In this important decision addressing a novel Fourth Amendment issue, the court of appeals holds that Bowers had a reasonable expectation of privacy in the contents of his Dropbox account, despite the fact he (1) used his work email address to create the… Read more
County v. Buffalo v. Kevin J. Rich, 2020AP1526, 6/7/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals rejected all three of Rich’s challenges to his OWI 1st conviction. It held that the deputy did have reasonable suspicion to stop Rich’s jeep and to expand the stop to require… Read more
State v. Terence S. O’Haire, 2021AP564, District 4, 11/4/21, (i-judge opinion, ineligible for publication); case activity (including briefs) O’Haire argued that an officer coerced his consent to a PBT , so its results and his refusal to submit to an evidentiary breath test should have been suppressed. The officer told O’Haire that he didn’t have… Read more
State v. George Steven Burch, 2021 WI 68, on certification from the court of appeals, affirming the judgment of conviction; case activity (including briefs) We said in our post on the court of appeals’ certification that this case presented novel and important issues about searches of cell phones and their data. So we anticipated a decision addressing… Read more
State v. Kevin M. Jereczek, 2021 WI App 30; case activity (including briefs) Police suspected Jereczek’s son in a sexual assault and thought there might be evidence on the family desktop computer. They asked Jereczek if they could search the machine; he agreed but limited his permission to the son’s account. The examiner, Behling, didn’t… Read more
State v. Kendell Marcel White, 2020AP588-CR, District 1, 2/2/21 (one-judge decision; ineligible for publication); case activity (including briefs) In the course of a traffic stop based on a bad parking job, excessively tinted windows, and no visible plates, police searched the car and found a concealed weapon. The court of appeals holds the search was… Read more
State v. George Steven Burch, 2019AP404-CR, certification granted 11/18/20; case activity (including briefs) Issues presented (from the certification): Did police violate Burch’s Fourth Amendment rights by: exceeding the scope of Burch’s consent to search his cell phone by downloading the phone’s entire contents, rather than only the text messages; unlawfully retaining the entire cell phone… Read more
