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3. Exigent circumstances

State v. Jesse Rogalla, 2019AP1486-CR, 10/26/21, District 3 (1-judge opinion, ineligible for publication; case activity (including briefs) Officer Klieforth was dispatched to a home after someone reported that Rogalla was yelling at a woman inside. Klieforth heard both parties screaming, peeked in a window, saw Rogalla yelling as a woman knelt before him crying “You… Read more

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State v. Jeremy J. Deen, 2020AP1399, 8/24/21, District 3 (not recommended for publication); case activity (including briefs) Police received a tip that an IP address associated with Deen’s home had uploaded child pornography. They went to the home and Deen let them in. While inside, officers noted Deen was carrying a knife, so they frisked… Read more

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Lange v. California, USSC No. 20-18, 141 S.Ct. 2011, 6/23/21, vacating People v. Lange Lange was playing loud music with his car windows down and honking his horn when he happened past a California highway patrol officer. The officer turned on his lights to pull Lange over, but Lange was close to home: he continued… Read more

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State v. Dawn Prado, 2021 WI 65, 6/18/21, affirming a published court of appeals decision; case activity (including briefs) Third try wasn’t a charm, and we’ve lost track of what try this is, but SCOW has finally achieved a majority decision on the constitutionality of Wis. Stat. § 343.305(3)(b), which permits the police to take… Read more

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State v. Scott William Forrett, 2021 WI App 31, petition for review granted, 9/14/21, affirmed, 2022 WI 37; case activity (including briefs) Wisconsin permits a driver’s prior refusal to submit to a warrantless blood test as a criminal penalty enhancer for a subsequent OWI. In an open and shut opinion that is recommended for publication… Read more

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State v. B.W.R., 2020AP1726, District 2, 4/28/21 (one-judge decision; ineligible for publication); case activity The odor of marijuana gave police probable cause to believe evidence of a drug crime would be found in B.W.R.’s home and the odor plus the occupants’ awareness the police were knocking gave the police reason to conclude the evidence would… Read more

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State v. Daniel J. Van Linn, 2019AP1317, review granted 4/27/21; case activity (including briefs) Issue presented: After Daniel Van Linn was arrested on suspicion of drunk driving, a sheriff’s deputy ordered his blood drawn for testing. This draw was illegal, and the circuit court excluded its fruit. After the suppression decision, the prosecutor applied for a subpoena… Read more

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State v. Davonta J. Dillard, 2020AP999, 4/13/21, District 1, (one-judge decision; ineligible for publication); case activity (including briefs) Officers patrolling in Milwaukee noticed a vehicle idling and apparently unoccupied. One approached the vehicle and shined his flashlight through a window; he saw a person (Dillard) in the back seat who immediately ducked out of view… Read more

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