State v. Ralph H. Davis, 2011 WI App 74 (recommended for publication); for Davis: Chandra N. Harvey, SPD, Madison Appellate; case activity Warrantless Entry – Curtilage – Implied Invitation Doctrine ¶9 The protections of the Fourth Amendment extend beyond the walls of the home to the “curtilage.” Oliver v. United States, 466 U.S. 170, 180… Read more
A. Expectation of privacy
Docket Decision below (621 F.3d 296 (3rd Cir 2010)) Question Presented: Whether the Fourth Amendment permits a jail to conduct a suspicionless strip search of every individual arrested for any minor offense no matter what the circumstances. Scotusblog page Caselaw in this Circuit has long rejected suspicionless jail strip searches for minor offenses. Mary Beth… Read more
State v. Robert L. Stokes, 2009AP919-CR, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Stokes: John M. Bolger; case activity; Stokes BiC; State Resp.; Reply Given trial court credibility findings, the resident’s consent to the police to enter and search was voluntary. ¶19 Finally, we are not convinced by Robert’s argument… Read more
State v. Miguel A. Ayala, 2011 WI App 6; for Ayala: Martin E. Kohler, Craig S. Powell; case activity; Ayala BiC; State Resp.; Reply Search & Seizure – Consent to Enter Based on trial court findings on disputed facts, the resident of an apartment gave the police consent to enter a bedroom and look for… Read more
seventh circuit decision Milwaukee’s ordinance-created “winter rules” with respect to snow removal effectively establish an “easement” such that police could enter a yard and rifle through a homeowner’s garbage cart. Although the cart is within what is normally considered “curtilage,” and thus protected by privacy concerns, the intrusion of the curtilage here is “lawful,” given this local law allowing garbage… Read more
State v. Michael A. Sveum, 2010 WI 92, affirming 2009 WI App 81; for Sveum: Dean A. Strang, Marcus J. Berghahn; BiC; Resp.; Reply; Amicus (ACLU); Resp. to Amicus A circuit court “order” authorizing law enforcement to place and monitor a GPS tracking device on Sveum’s vehicle satisfied 4th amendment Warrant Clause (all warrants must be… Read more
City of Ontario v. Quon, USSC No. 08-1392, 6/17/10 Assuming without deciding that police officer Quon had a reasonable expectation of privacy in the text messages of his department-issued pager, the Court concludes that the warrantless review of Quon’s pager transcript was reasonable because it was motivated by a legitimate work-related purpose and was not… Read more
7th circuit decision Permissive Driver, Standing to Challenge Car Search It is well-established that a driver of a borrowed vehicle may establish a reasonable expectation of privacy in a vehicle even though that driver is not the owner of the vehicle. … Courts have repeatedly recognized the right of a driver to assert a Fourth… Read more
