State v. Gary Monroe Scull, 2014 WI App 17, petition for review granted, 5/22/14, affirmed, 2015 WI 22; case activity Police violated Scull’s Fourth Amendment rights under Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013), when they brought a drug-sniffing dog to the front door of his residence without a warrant or probable… Read more
4. Good faith rule
State v. Jack E. Johnson, 2013 WI App 140; case activity As part of their investigation of Johnson’s involvement in a homicide, Wisconsin police wanted to search Johnson’s rented residence in Rosarito, Mexico. They contacted FBI Special Agent Eckel, the U.S. liaison between Mexican and American law enforcement authorities. Eckel called a liaison in Mexico and told… Read more
Docket Decision below: Millender v. County of Los Angeles, 620 F. 3d 1016 (9th Cir 2010). reversing panel decision, 564 F.3d 1143 Questions Presented (from Petition): This Court has held that police officers who procure and execute warrants later determined invalid are entitled to qualified immunity, and evidence obtained should not be suppressed, so long… Read more
Willie Gene Davis v. U.S., USSC No. 09-11328, 6/16/11 … The question here is whether to apply this sanction when the police conduct a search in compliance with binding precedent that is later overruled. Because suppression would do nothing to deter police misconduct in these circumstances, and because it would come at a high cost to… Read more
State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11 court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his registration had expired, nonetheless supported stop of the car under the good-faith rule. ¶11 We conclude… Read more
Docket Decision below (CTA11) Question Presented (from cert petition): Whether the good-faith exception to the exclusionary rule applies to a search authorized by precedent at the time of the search that is subsequently ruled unconstitutional. Cert petition Scotusblog page Fall-out from the Court’s decision in Arizona v. Gant, 556 U.S. ___, 129 S. Ct. 1710 (2009), the question… Read more
State v. Michael R. Hess, 2010 WI 82 affirming 2009 WI App 105; for Hess: George M. Tauscheck; BiC; Resp.; Reply Exclusionary Rule – Good-Faith Rule – Void ab initio Warrant ¶2 We conclude that the good-faith exception to the exclusionary rule does not apply to a situation in which: (1) no facts existed that would… Read more
Wisconsin supreme court decision, affirming 2008 WI App 131; for Dearborn: Eileen A. Hirsch,SPD, Madison Appellate; BiC; Resp.; Reply Search-Incident – Good-Faith Reliance on Judicial Precedent ¶2 Dearborn maintains, and the State concedes, that in the wake of the United States Supreme Court’s ruling in Arizona v. Gant, 556 U.S. ___, 129 S. Ct. 1710 (2009), the search… Read more
