State v. Jesse Rogalla, 2019AP1486-CR, 10/26/21, District 3 (1-judge opinion, ineligible for publication; case activity (including briefs) Officer Klieforth was dispatched to a home after someone reported that Rogalla was yelling at a woman inside. Klieforth heard both parties screaming, peeked in a window, saw Rogalla yelling as a woman knelt before him crying “You… Read more
C. Warrant unnecessary
State v. Jeremy J. Deen, 2020AP1399, 8/24/21, District 3 (not recommended for publication); case activity (including briefs) Police received a tip that an IP address associated with Deen’s home had uploaded child pornography. They went to the home and Deen let them in. While inside, officers noted Deen was carrying a knife, so they frisked… Read more
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
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
