State v. Keith J. Dresser, 2020AP2017, 7/22/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy saw Dresser apparently unconscious in his vehicle in a Taco Bell parking lot at 5:00 a.m. The deputy pulled behind Dresser’s vehicle, turned on his emergency lights apparently based on departmental “procedures,” and knocked… Read more
C. Warrant unnecessary
State v. George Steven Burch, 2021 WI 68, on certification from the court of appeals, affirming the judgment of conviction; case activity (including briefs) We said in our post on the court of appeals’ certification that this case presented novel and important issues about searches of cell phones and their data. So we anticipated a decision addressing… Read more
Lange v. California, USSC No. 20-18, 141 S.Ct. 2011, 6/23/21, vacating People v. Lange Lange was playing loud music with his car windows down and honking his horn when he happened past a California highway patrol officer. The officer turned on his lights to pull Lange over, but Lange was close to home: he continued… Read more
State v. Dawn Prado, 2021 WI 65, 6/18/21, affirming a published court of appeals decision; case activity (including briefs) Third try wasn’t a charm, and we’ve lost track of what try this is, but SCOW has finally achieved a majority decision on the constitutionality of Wis. Stat. § 343.305(3)(b), which permits the police to take… Read more
Caniglia v. Strom, USSC No. 20-157, 2021 WL 1951784 , May 17, 2021; Scotusblog page (including links to briefs and commentary) In four quick pages, a unanimous Supreme Court rejects the notion that the police have a “caretaking” duty that “creates a standalone doctrine that justifies warrantless searches and seizures in the home.” This undoes… Read more
We’ll have a full analysis of this one in the coming days, but for anybody currently litigating a community caretaker case, be advised the doctrine doesn’t exist. Writing for a unanimous Court (there are two concurrences totaling four justices, so the 5-justice majority is law) Justice Thomas says that the reference in Cady v. Dombrowski… Read more
State v. Christopher D. Wilson, 2020AP1014-CR, District 1, 5/11/21 (one-judge decision; ineligible for publication); PfR granted 11/17/21; case activity (including briefs) Police lawfully entered Wilson’s backyard under the “knock and talk” exception to the Fourth Amendment warrant requirement. The officers were investigating a 911 call of an erratic driver. They found the car described by… Read more
State v. Scott William Forrett, 2021 WI App 31, petition for review granted, 9/14/21, affirmed, 2022 WI 37; case activity (including briefs) Wisconsin permits a driver’s prior refusal to submit to a warrantless blood test as a criminal penalty enhancer for a subsequent OWI. In an open and shut opinion that is recommended for publication… Read more
