State v. Juan G. Gracia, 2013 WI 15; affirming unpublished court of appeals decision; case activity Warrantless Entry – “community caretaker” exception Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine because the police had an objectively reasonable basis to believe Gracia… Read more
C. Warrant unnecessary
State v. Edward C. Lefler, 2013 WI App 22; case activity Probable cause found to search trunk of vehicle for evidence of burglary-related crimes, after an indisputably lawful stop for drunk driving: ¶11 … “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its… Read more
State v. Robert Edwin Burkhardt, 2009AP2174-CR, District 1/4, 12/6/12 court of appeals decision (not recommended for publication); case activity Search & Seizure – Consent Consent to search isn’t vitiated by nonpretextual threat to obtain a search warrant: ¶16 … (I)t is well established that, “[t]hreatening to obtain a search warrant does not vitiate consent if ‘the… Read more
State v. Michael C. Christofferson, 2012AP571-CR, District 3, 10/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The officer didn’t develop probable cause (for OWI arrest; Christofferson was getting out of his car when the officer first saw him) until after illegal entry of the attached garage, therefore the ensuing arrest was unlawful… Read more
State v. Pamela L. Hammersley, 2012AP1131-CR, District 2, 9/26/12 court of appeals decision (1-judge, ineligible for publication); case activity Stop of vehicle, assertedly for violating local trespassing ordinance, held not supportable: ¶3 It is settled law that a stop cannot be based on an officer’s mistaken understanding of the law. State v. Longcore, 226 Wis. 2d 1… Read more
Question Presented: Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream. Docket Lower court opinion (State v. McNeely, 358 S.W.3d 65 (Mo. Banc 2012)) Scotusblog page Does the evanescent quality… Read more
Village of Menomonee Falls v. Timothy E. Rotruck, 2012AP1024-FT, District 2, 9/1, District 2, 9/19/12 court of appeals decision (1-judge, ineligible for publication); case activity Concededly proper traffic stop; after citations issued, officer sought and obtained consent to search vehicle, resulting in seizure of contraband – court concludes that, under the circumstances, traffic stop had… Read more
State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity Search & Seizure – Consent – Blood Draw Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him… Read more
