State v. Gerald P. Mitchell, 2015AP304-CR; District 2, 5/17/17, certification granted 9/11/17; case activity (including briefs) Issue: Whether the warrantless blood draw of an unconscious motorist pursuant to Wisconsin’s implied consent law, where no exigent circumstances exist or have been argued, violates the Fourth Amendment. If this issue sounds familiar that is because the court of… Read more
C. Warrant unnecessary
State v. Steven T. Delap, 2016AP2196-CR, 4/20/17, District 4 (one-judge decision; ineligible for publication), petition for review granted 7/18/17, affirmed, 2018 WI 64; case activity (including briefs) Police tried to arrest Delap outside his home on warrants for fleeing from a couple of traffic stops, but when they approached and said “stop, police,” Delap fled into his home. The… 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. David W. Howes, 2017 WI 18, on certification from the court of appeals; case activity (including briefs) The supreme court granted certification in this case to decide an important question: Does Wisconsin’s implied consent statute create a categorical “consent” exception to the warrant requirement as to unconscious drivers, thus allowing police to collect blood without having to… Read more
State v. Eric M. Doule, 2016AP1146-CR, District 3, 2/14/17 (one-judge decision; ineligible for publication); case activity (including briefs) The record supports the conclusion that Doule voluntarily consented to a blood draw after he was arrested for OWI. Doule was uncooperative after he was stopped for speeding and swerving. He continued to be uncooperative during the subsequent blood draw… Read more
Review of an unpublished court of appeals decision; affirmed 2017 WI 76, case activity (including briefs) Issues (from petition for review): Law enforcement officers arrested Kenneth Asboth at a private storage facility. The car he had been driving was parked in the lane between rows of storage units, in front Mr. Asboth’s leased unit. The officers… 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State v. Damion L. Brown, 2015AP2029-CR, 1/4/2017, District 1 (not recommended for publication); case activity (including briefs) Damion Brown’s roommate consented to a search of their apartment after being arrested on suspicion of dealing heroin.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
State v. John D. Myer, 2016AP490-CR, District 4, 12/22/16 (one-judge decision; ineligible for publication); case activity (including briefs) Assuming a police officer’s contact with Myer constituted a seizure, it was justified under the community caretaker doctrine. At 2:30 a.m. one October night the officer passed the parking lot of a closed business and saw a vehicle idling, its… Read more
