State v. Steven A. Avery, 2011 WI App 124 (recommended for publication); for Avery: Martha K. Askins, Suzanne L. Hagopian, SPD, Madison Appellate; case activity Search Warrant – Execution – Reasonableness Warrant-based search of Avery’s property was a reasonable continuation of the original search 3 days earlier. General statement: ¶18 Generally, searches are subject to the… Read more
H. Exclusionary rule
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State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11 court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his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
State v. Kathleen A. Ultsch, 2011 WI App 17(recommended for publication); for Ultsch: Shelley Fite, SPD, Madison Appellate; case activity; Ultsch BiC; State Resp.; Reply Warrantless entry into a home, supposedly to check on the well-being of a suspected drunk driver just involved in an accident, wasn’t justified under the community caretaker doctrine; State v. Pinkard, 2010… Read more
Dismissed as improvidently granted, 3/29/11 Docket Decision below (New York Court of Appeals) Question Presented (phrasing by On Point; check Docket or Scotusblog links for subsequent posting of official recitation) Whether someone’s driving record is suppressible as the fruit of an illegal stop or arrest. Scotusblog A mere 6 days ago, Mr. Badger raised an… 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
