State v. Ashley L. Monn, 2019AP640-CR, 9/9/20, District 3, (1-judge opinion, ineligible for publication); case activity When police executed an arrest warrant for a man at his trailer home, they found Monn there too. They cuffed her, conducted a protective search, confirmed she had no outstanding warrants, and told her she would be released without… Read more
b. Acquiescence
State v. Katelyn Marie Leach, 2019AP1830-CR, 4/16/20, District 4, (1-judge opinion, ineligible for publication; case activity (including briefs) Leach pled “no contest” to 2nd offense operating a motor vehicle with a restricted substance. She moved to suppress evidence that she gave an officer after he told her that (a) if she only had paraphernalia or… Read more
State v. Justin T. Kane, 2018AP1885-CR, District 4, 2/6/20 (one-judge decision; ineligible for publication); case activity (including briefs) Kane’s consent to a blood draw after his arrest for OWI was voluntary under all the circumstances. The circuit court made findings of fact after a suppression hearing, and, of course, the court of appeals accepts those… Read more
State v. Faith N. Reed, 2018 WI 109, reversing an unpublished court of appeals decision, 2016AP1609; case activity (including briefs) Here’s something not seen in a while: our state supreme court suppressing evidence because the police violated the Fourth Amendment. You might think it obvious that someone actively trying to keep an officer out of an… Read more
State v. Kathryn M. Cooper, 2018AP1154, 11/21/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Cooper’s vehicle was involved in an accident and was found, damaged, in her driveway. An officer saw a light on near the back door of her home and went around back and knocked. Cooper waved him in… Read more
State v. Faith N. Reed, 2016AP1609-CR, 3/23/17, District 4 (1-judge opinion; ineligible for publication), petition for review granted 3/13/18, reversed, 2018 WI 109; case activity (including briefs) Officer Keller followed Sullivan into Reed’s apartment and saw controlled substances there. Reed sought suppression on the grounds that the officer did not have consent to enter her home. Based on a… Read more
State v. Damion L. Brown, 2015AP2029-CR, 1/4/2017, District 1 (not recommended for publication); case activity (including briefs) Damion Brown’s roommate consented to a search of their apartment after being arrested on suspicion of dealing heroin. Brown raises three challenges to the voluntariness and validity of that consent. Police saw Brown and his roommate apparently making… Read more
Birchfield v. North Dakota, USSC No. 14-1468, 2016 WL 3434398 (June 23, 2016), reversing State v. Birchfield, 858 N.W.2d 302 (N.D. 2015); vacating and remanding State v. Beylund, 861 N.W.2d 172 (N.D. 2015); and affirming State v. Bernard, 844 N.W.2d 41 (Minn. 2014); Scotusblog pages: Birchfield, Beylund, Bernard (include links to briefs and commentary) Three years ago, in Missouri v… Read more