State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11 court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his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
H. Exclusionary rule
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
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
State v. Robert L. Artic, Sr., 2010 WI 83, affirming 2009 WI App 12; for Artic: Keith A. Findley, James D. Cooley; BiC; Resp.; Reply Notwithstanding an unlawful, forcible police entry into his residence, Artic voluntarily consented to the subsequent search of the house, which was also sufficiently attenuated from the illegal entry to purge… Read more
7th Circuit decision Terry Stop / Frisk 1. Pulling up in a patrol car and telling Gentry to keep his hands up amounted to a stop for purposes of Terry analysis. 2. The stop, which was based on a report of a “suspicious person,” without reference to any specific facts concerning a crime, was not… Read more
