State v. Kenneth M. Sobczak, 2013 WI 52, affirming published court of appeals decision; case activity; majority opinion by Justice Gableman; Chief Justice Abrahamson and Justice Bradley dissent. In a significant expansion of the third-party consent doctrine, the supreme court holds that a weekend guest may grant consent to police to enter her host’s home… Read more
C. Warrant unnecessary
Maryland v. King, USSC No. 12-207, 6/3/13 United States Supreme Court decision, reversing King v. State, 425 Md. 550, 42 A.3d 549 (2012) In a decision validating the collection of DNA from at least some persons before they are even convicted of a crime, a divided Supreme Court has concluded that when officers make an arrest supported… Read more
The United States Supreme Court’s decision in Missouri v. McNeely marked a big change for Wisconsin. Click here for On Point’s analysis of the case. If you’re yearning for more information on what McNeely means for Wisconsin OWI cases, you might want to watch this half-hour program on Wisconsin Eye. It features Dane County Judge… Read more
Question presented: Proper interpretation of Georgia v. Randolph, 547 U.S. 103, 126 S.Ct. 1515, 164 L.Ed.2d 208 (2006), specifically whether a defendant must be personally present and objecting when police officers ask a co-tenant for consent to conduct a warrantless search or whether a defendant’s previously-stated objection, while physically present, to a warrantless search is… Read more
State v. Dyllon A. Maddix, 2013 WI App 64; case activity The warrantless search of an apartment by police who responded to a domestic disturbance call was not justified under the community caretaker doctrine: ¶37 …. Under the facts of this case, after the officers validly exercised the community caretaker function by entering… Read more
Missouri v. McNeely, USSC No. 11-1425, 4/17/13 United States Supreme Court decision, affirming State v. McNeely, 358 S.W.3d 65 (Mo. 2012) In a decision that works a major change in Wisconsin law governing nonconsensual, warrantless blood draws in OWI cases, the U.S. Supreme Court holds the evanescent quality of alcohol in a suspect’s bloodstream does not in… Read more
State v. Kenneth F. Johnston, 2012AP2427-CR, District 3, 4/16/13; court of appeals decision (1-judge, ineligible for publication); case activity The search of Johnston’s car was supported by probable cause to believe there were open intoxicants in the car: ¶17 In this case, before [Officer] Wojcik searched the vehicle for open intoxicants, Wojcik smelled the odor of… Read more
State v. Andrew Alexander Jackson, Jr., 2013 WI App 66; case activity The circuit court erred in suppressing marijuana found in the trunk of Jackson’s car because there was probable cause to search the trunk based on the discovery of marijuana residue, $1,961 in cash, and a digital scale in the passenger compartment of the… Read more
