State v. Patrick H. Dalton, 2016AP2483-CR, 7/19/17, District 2 (one-judge decision; ineligible for publication), petition for review granted 11/13/17, affirmed in part and reversed in part, 2018 WI 85; case activity (including briefs) Patrick Dalton was badly injured in a car crash. He argues on appeal that there was no exigency justifying the warrantless blood draw… Read more
C. Warrant unnecessary
Review of an unpublished court of appeals decision; case activity (including briefs) Issue (from petition for review): Whether the doctrine of hot pursuit always justifies a forcible warrantless entry into the residence of one suspected of minor criminal activity. In the present case, the court of appeals declined to consider Mr. Delap’s argument that the… Read more
Jeremy Perri guests posts on State v. Adam M. Blackman, 2017 WI 77, 7/7/17, reversing a published court of appeals opinion, 2016 WI App 69, 371 Wis. 2d 635, 886 N.W.2d 94; case activity (including briefs) SCOW suppresses blood test, holding that the statutory Informing the Accused misrepresented the consequences of a refusal, the consent was… Read more
Mike Tobin guest posts on State v. Lewis O. Floyd, Jr., 2017 WI 78, 7/7/17, affirming a published court of appeals opinion, 371 Wis. 2d 404; case activity (including briefs) The majority opinion affirms the rulings of the lower courts that the defendant voluntarily consented to a frisk of his person following a traffic stop. The… Read more
SCOW fractures over implied consent law; 3 justices say it doesn’t authorize warrantless blood draws
State v. Navdeep S. Brar, 2017 WI 73, 7/6/17, affirming an unpublished court of appeals opinion, 2015AP1261-CR; case activity (including briefs) By obtaining a driver’s license or operating a vehicle in Wisconsin do we automatically give the government consent to draw our blood without a warrant? A nose count reveals the answer remains “maybe.” This… Read more
State v. Kenneth M. Asboth, Jr., 2017 WI 76, 7/6/2017, affirming an unpublished court of appeals decision; case activity (including briefs) This case presented an issue that has divided federal and state appellate courts: does Colorado v. Bertine, 479 U.S. 367 (1987), permit “community caretaker”-type vehicle impoundments only when the police act accord to “standard… Read more
State v. Omar Quinton Triggs, 2015AP2533, 6/13/17, District 1 (not recommended for publication); case activity (including briefs) A patrolling officer saw Triggs “close a garage door and quickly run to the driver’s door” and get into his car, which was parked nearby in an alley. Five officers in three vehicles converged, forcibly removed Triggs from… Read more
Bill Tyroler, On Point’s original writer, has kept a low profile since he retired. But lucky for us he can’t contain himself regarding SCOW’s decision in State v. Howes and court of appeals recent certification in State v. Gerald Smith. He says SCOW’s Howes opinion allows defense counsel to argue that exigent circumstances are required for… Read more
