C. Warrant unnecessary

State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: Exigent circumstances did not support browsing through image gallery of lawfully seized cell phone:  “That data was not in immediate danger of disappearing before Belsha could obtain a warrant,” ¶33. The court of appeals had merely assumed… Read more

7th circuit court of appeals decision Warrantless Entry – Emergency Doctrine – 911 Call According to David, the police violated the fourth amendment by entering without probable cause and refusing to leave as soon as Karen asked them to go. Like the district judge, we think that a 911 call provides probable cause for entry… Read more

court of appeals decision (1-judge; not for publication); for Jenkins: Walter Arthur Piel, Jr.; BiC; Resp.; Reply Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing ¶2 n.2: Jenkins’ motion papers were inadequate and the circuit court would have been correct in denying him an evidentiary hearing. All Jenkins filed was a… Read more

State v. David D. Ramage, 2010 WI App 77; for Ramage: Jevin J. Mulrooney; BiC; Resp.; Reply Co-tenant’s permissive use of Ramage’s computers conferred on her authority to consent to warrantless police removal of computer and search of their contents. Contrary authority, People v. Blair, 748 N.E.2d 318 (Ill. App. Ct. 2001); State v. Lacey… Read more

court of appeals decision (1-judge, not for publication); for Miller: Dudley A. Williams; BiC; Resp.; Reply Community Caretaker Miller caught the attention of the police by driving very slowly, early in the morning, and pulling into the parking lot of a closed business. But he soon drove off, and neither committed any traffic violations nor… Read more

court of appeals decision (i-judge; not for publication); for Rice: Tracey A. Wood; BiC; Resp.; Reply Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing ¶6        Regarding the applicability of [State v.] Garner [, 207 Wis. 2d 520, 558 N.W.2d 916 (Ct. App. 1996) to the present case, we find no published… Read more

court of appeals decision (1-judge, not for publication); BiC; Resp Br Search & Seizure – Warrantless Entry O’Connell had reasonable expectation of privacy in stairwell leading to his apartment; warrantless entry to stairwell, to investigate OWI complaint against O’Connell, “was not justified by exigent circumstances because at the time of the entry, the officers had… Read more