State v. Mark A. Miller, 2010AP352-CR, District 4, 12/9/10 court of appeals decision (1-judge, not for publication); for Miller: Bill Ginsberg; Miller BiC; State Resp. The court concludes that Miller voluntarily consented to police entreaties over an 11-minute period to enter his home so that they could perform field sobriety testing, notwithstanding his refusals during that… Read more
C. Warrant unnecessary
State v. Travis J. Malinowski, 2010AP1084-CR, District 3, 11/30/10 court of appeals decision (1-judge, not for publication); for Malinowski: Chad A. Lanning; Malinowski BiC; State Resp.; Reply Exigent-circumstances doctrine supports warrantless blood draw of person arrested for driving under the influence of drugs, no less than under the influence of alcohol, State v. Bohling, 173… Read more
seventh circuit decision Milwaukee’s ordinance-created “winter rules” with respect to snow removal effectively establish an “easement” such that police could enter a yard and rifle through a homeowner’s garbage cart. Although the cart is within what is normally considered “curtilage,” and thus protected by privacy concerns, the intrusion of the curtilage here is “lawful,” given this local law allowing garbage… Read more
City of Sheboygan v. Brian J. Cesar, 2010 WI App 170 (recommended for publication); for Cesar: Andrew Mishlove, Lauren Stuckert; Cesar BiC; City Resp.; Reply; AG Amicus Police, investigating a recent traffic accident, knocked on Cesar’s door and rang his doorbell “numerous” times for up to 10 minutes, and threatened to remain until he came… Read more
State v. Jason W. Kucik, 2009AP933-CR, District 1, 11/16/10 court of appeals decision (3-judge, not recommended for publication); for Kucik: Thomas J. Nitschke; Resp. Br.; Reply; Kucik Supp. Br.; State’s Supp. Br. Appellate Procedure – Affirmance on Different Theory than Posited Below ¶31 We agree with the State that it is appropriate for us to consider the… Read more
decision below: certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; court of appeals briefs: Resp.; Reply Issue (from Table of Cases): Whether the rule regarding consent to search a shared dwelling in Georgia v. Randolph, 547 U.S. 103 (2006), which states that a warrantless search cannot be justified when a physically present resident… Read more
State v. Dennis Butler, 2010AP864-CR, District 2, 10/13/10 court of appeals decision (1-judge, not for publication); for Butler: Kathleen A. Lindgren; BiC; Resp. Frisk upheld, where initial contact came within community caretaker function, and Butler then gave cause to believe he was armed and dangerous. ¶13 We hold that Pergande properly exercised his community caretaker function during… Read more
Consolidated cases: Camreta Docket Decision Below (9th Cir) Question Presented (from SCOTUSblog): Whether the Fourth Amendment requires a warrant, a court order, parental consent, or exigent circumstances before law enforcement and child welfare officials may conduct a temporary seizure and interview at a public school of a child whom they reasonably suspect was being sexually… Read more
