State v. Charles V. Matalonis, 2016 WI 7, 2/10/16, reversing an unpublished court of appeals decision; case activity (including briefs) This is a painful loss for the defense. Matalonis won suppression at the court of appeals. The State filed a petition for review, which, of course, was granted. SCOW held oral argument and took a tentative vote before… Read more
C. Warrant unnecessary
Review of a per curiam court of appeals decision; case activity (including briefs). Issue (composed by On Point): Is hot pursuit of a suspect based upon probable cause for a jailable offense a stand-alone justification for a warrantless home entry and arrest or must law enforcement reasonably believe that a delay in obtaining a warrant would… Read more
State v. David W. Howes, 2014AP1870-CR, 1/28/16, District 4; certification granted 4/7/16, reversed, 2017 WI 18; case activity (including briefs) Issue: This appeal presents a single recurring issue: whether provisions in Wisconsin’s implied consent law authorizing a warrantless blood draw from an unconscious suspect violate the Fourth Amendment to the United States Constitution. More specifically, the issue… Read more
State v. Bradley A. Anderson, 2015AP1573-CR, 12/23/15, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Anderson’s consent to a blood draw after his OWI arrest was not vitiated by being told that, if he refused the blood draw, his driving privileges would be revoked and the officer would get a warrant for a blood… Read more
State v. Tommy K. Miller, 2015AP1211-CR, District 4, 12/23/15 (one-judge decision; ineligible for publication); case activity (including briefs) The seizure of Miller’s car was justified under the community caretaker doctrine because the officer’s observations led him to believe Miller’s passenger was in distress. Having lawfully seized the car, the officer’s subsequent discoveries gave him reason… Read more
State v. Charles Ray Stewart, 2014AP276-CR, District 1, 12/22/15 (not recommended for publication); case activity (including briefs) The warrantless search for and seizure of evidence from Stewart’s apartment was lawful because, after Stewart allowed police to enter the apartment and was arrested, the community caretaker doctrine allowed police to remain in the apartment to assure Stewart’s dog was… Read more
The Court granted certiorari and consolidated three cases presenting identical questions in different factual permutations: Question presented (Birchfield v. North Dakota); (Beylund v. Levi); (Bernard v. Minnesota): Whether, in the absence of a warrant, a State may make it a crime for a person to refuse to take a chemical test to detect the presence of… Read more
State v. Daniel S. Iverson, 2015 WI 101, 11/25/2015, reversing a 1-judge court of appeals decision; case activity (including briefs) Do cigarette butts decompose? Do they “result[]…from community activities”? Those are just two of the burning questions left unanswered (smoldering?) after this blaze of statutory construction. A state trooper pulled Iverson over after seeing a passenger in his car throw a… Read more
