3. Exigent circumstances

State v. Tyler M. Pasch, 2014AP1193-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs) Another day, another decision holding the good-faith exception to the exclusionary rule applies to blood drawn without a warrant or exigent circumstances because the blood draw happened before Missouri v. McNeely, 133 S. Ct. 1552 (2013), effectively overruled State… Read more

State v. Andre Bridges, 2013AP350-CR, district 2; 1/27/15 (not recommended for publication); case activity If any doubt remained, rest assured that if police have probable cause to believe there are drugs in your apartment, pound on your door, yell “Milwaukee police” and then hear sounds of movement, they may bust down your door and conduct a “protective… Read more

State v. Cassius A. Foster, 2014 WI 131, 12/26/14, affirming a court of appeals summary disposition; majority opinion by Justice Crooks; case activity State v. Alvernest Floyd Kennedy, 2014 WI 132, 12/26/14, affirming an unpublished court of appeals decision; majority opinion by Justice Gableman; case activity State v. Michael R. Tullberg, 2014 WI 134, 12/26/14, affirming a per curiam… Read more

Questions presented: 1.  Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody. 2.  Whether it was clearly established that, even where an exception to the warrant requirement applied, an entry into a residence could… Read more

State v. Ashley L. Eirich, 2014AP1901-CR, District 2, 11/26/14 (1-judge decision; ineligible for publication); case activity Saying that “[t]raining and experience do not turn police officers into drug-detection canines,” the court of appeals holds that probable cause to search a vehicle based on the odor of raw marijuana did not extend to a search of the… Read more

State v. Jennifer M. Parisi, 2014 WI App 129; case activity The warrantless entry into Parisi’s apartment was lawful because police had probable cause to believe the apartment contained evidence of a crime and there were exigent circumstances justifying entry without a warrant. Police went to Parisi’s apartment building in response to a drug activity complaint. The complainant said she’d… Read more

State v. Walter J. Kugler, 2014AP220, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity Kugler challenged his first OWI conviction by arguing that the state trooper who stopped him did not have the requisite probable cause and improperly requested, as a community caretaker, that he submit to a PBT (which he refused). The… Read more