United States v. Bodie B. Witzlib, 7th Circuit Court of Appeals No. 15-1115, 8/7/15 The search of the basement of the home Witzlib was living in with his grandmother was valid because the area was shared and not Witzlib’s private space. Nor was the consent affected by the fact that after Witzlib answered the officers’ knock… Read more
3. Exigent circumstances
United States v. Larry Bentley, 7th Circuit Court of Appeals No. 13-2995, 7/28/15 A drug dog’s alert on Bentley’s car during a traffic stop was sufficient to establish probable cause to search in light of the standard established by Florida v. Harris, 133 S. Ct. 1050 (2013). Police stopped Bentley’s vehicle after observing it cross into another lane… Read more
State v. James Michael Warren, 2014AP792-CR, District 3, 8/4/15 (one-judge decision; ineligible for publication); case activity (including briefs) Under State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), which was the law at the time of Warren’s arrest, a person must present their reasonable objection and the basis for the objection at the… Read more
Review of an unpublished per curiam court of appeals decision; affirmed 2016 WI 10; case activity (including briefs) Issue (composed by On Point) Was a warrantless blood draw of a person suspected of having ingested heroin justified because, at the time of the search, State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), held… Read more
State v. Jeffrey F. Smart, 2014AP2604, District 2, 5/27/15 (one-judge decision; ineligible for publication); case activity (including briefs) The warrantless entry into Smart’s hotel room was supported by probable cause and justified by exigent circumstances because there was an objective basis to believe there was a risk to the safety of Smart’s children. One exception to the… Read more
City and County of San Francisco, et al. v. Teresa Sheehan, USSC No. 13-1412, 2015 WL 2340839 (May 18, 2015), certiorari dismissed in part, and reversing in part and remanding Sheehan v. City and County of San Francisco, 743 F.3d 1211 (9th Cir. 2014); Scotusblog page (includes links to briefs and commentary) Because there was no precedent clearly establishing that it unreasonable… Read more
County of Sauk v. Thomas D. McDonald, 2014AP1921, District 4, 5/7/15 (one-judge decision; ineligible for publication); case activity (including briefs) McDonald was arrested for OWI and taken to the county jail, where his blood was drawn by a paramedic employed by the city’s ambulance service. Contrary to McDonald’s claims, his blood draw was constitutionally reasonable and… Read more
State v. Zoltan M. Peter, 2014AP1589-CR, 1/1/15, District 2 (1-judge opinion; ineligible for publication); click here for briefs and docket Peter was found guilty of operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood. He moved to suppress the marijuana that the police seized from his car, arguably… Read more
