State v. Christopher John Kerr, 2016AP2455-CR, petition for bypass granted 10/17/17; case activity (including briefs) Issue (based on the parties’ court of appeals briefs) Does the good-faith exception to the exclusionary rule apply when there is no misconduct by a law enforcement officer in arresting an individual on an active commitment order that is later… Read more
H. Exclusionary rule
State v. Omar Quinton Triggs, 2015AP2533, 6/13/17, District 1 (not recommended for publication); case activity (including briefs) A patrolling officer saw Triggs “close a garage door and quickly run to the driver’s door” and get into his car, which was parked nearby in an alley. Five officers in three vehicles converged, forcibly removed Triggs from… Read more
State v. Andrew S. Sato, 2015AP1815-CR, 10/18/2016, District 1 (not recommended for publication); case activity (including briefs) Police investigating an armed robbery the previous evening learned their suspect was at home in his apartment. One officer initiated a “knock and talk,” banging on the front door of the apartment and yelling for five to ten… Read more
State v. Darren Wade Caster, 2015AP1965-CR, District 3, 10/12/2016 (one-judge decision; ineligible for publication); case activity (including briefs) The fact that an officer stopped Caster outside the limits of his jurisdiction does not mean the evidence garnered from the stop must be suppressed because the stop was reasonable. A City of New Richmond police officer… Read more
State v. Troy Paulson, 2015AP456-CR, 8/31/16, District 2 (1-judge opinion, not recommended for publication); case activity (including briefs) This is the second dog sniff case from District 2 in less than a week. See our post on State v. Downer Jossi here, which recognized that SCOTUS’s Rodriguez v. United States overruled SCOW’s State v. Arias. Paulson, however, did… Read more
Darryl J. Sutton v. Randy Pfister, 7th Circuit Court of Appeals No. 15-2888, 2016 WL 4446561, 8/24/16 Sutton filed a habeas petition challenging his sexual assault conviction on the ground the evidence connecting him with the crime was obtained by the state through a conceded violation of the Fourth Amendment in a different case. The district… Read more
State v. Katherine J. Downer Jossi, 2016AP618-CR, 8/24/16, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) This court of appeals decision acknowledges what On Point predicted here when SCOTUS issued Rodriguez v. United States, 135 S. Ct. 1609 (2015). That is, Rodriguez, which held that prolonging a traffic stop to conduct a… Read more
State v. Paul L. Linde, 2014AP2445-CR, 8/2/16, District 3 (not recommended for publication); case activity (including briefs) A court commissioner issued a warrant to search Linde’s cabin for evidence of drug manufacturing and for drug paraphernalia. It was based in part on a tip by an anonymous informant, a fact that proved decisive in the… Read more