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
C. Warrant unnecessary
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
State v. Royce Markel Wheeler, 2013 WI App 53; case activity Police went to a duplex in response to domestic abuse complaint from what they believed was the lower unit, with the caller saying she had been assaulted and was bleeding. (¶¶2, 4-6). After officers spent some 20 minutes knocking on the duplex’s common front… Read more
State v. Antoine Lamont Massey, 2012AP1124-CR, District 1, 3/5/13; court of appeals decision (not recommended for publication); case activity A daughter of the leaseholder had both actual and apparent authority to consent to a search of the apartment, including the back bedroom in which drugs were found, applying, among other cases, State v. Tomlinson, 2002 WI… Read more
State v. Daniel Cervantes, 2011AP1858-CR, District 1, 2/12/13; court of appeals decision (not recommended for publication); case activity The police lacked probable cause to arrest Cervantes when he opened the door of his apartment (¶¶10-16); there were neither exigent circumstances nor community caretaker grounds for the police to enter Cervantes’s apartment following his arrest to do… Read more
State v. Robert L. Tatum, Case No. 2011AP2439-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Denial of right to self-representation – competence to represent oneself The circuit court properly denied Tatum the right to represent himself based on his limited education and understanding of legal procedures, as evidenced by… Read more
State v. Derik J. Wantland, 2013 WI App 36, petition for review granted 11/21/13; case activity It was not unreasonable for the police to search a briefcase found in a vehicle during a traffic stop after the driver consented to a search of the car and the passenger did not unequivocally assert ownership of the… Read more
