State v. Cordarol M. Kirby, 2014 WI App 74; case activity The court of appeals holds that “while exigent circumstances may justify entry, the fact that entry has already been made does not necessarily invalidate reliance on the exigent circumstances doctrine.” (¶22). Thus, because in this case there were exigent circumstances justifying police entry into an… Read more
A. Expectation of privacy
State v. Scott E. Oberst, 2014 WI App 58; case activity The good faith exception to the exclusionary rule applies to evidence obtained during a period when binding Wisconsin appellate precedent permitted the warrantless installation of a global positioning system (GPS) device. Thus, even though the installation of the GPS device on the defendant’s vehicle was unconstitutional under United… Read more
State v. Jimmie G. Minett, 2014 WI App 40; case activity Issue: Whether under State v. Popenhagen, 2008 WI 55, 309 Wis. 2d 601, 749 N.W.2d 611, suppression of evidence discovered during a strip search may be a remedy for violation of § 968.255? Holding: “No,” said the court of appeals. Popenhagen simply abrogated case law that… Read more
David L. Riley v. California, USSC 13-132 Question presented: Whether evidence admitted at petitioner’s trial was obtained in a search of petitioner’s cell phone that violated petitioner’s Fourth Amendment rights. Lower court opinion: People v. Riley, No. D059840 (Cal. App. 4th Dist., Feb. 8, 2013) (unpublished) Docket Scotusblog page United States v. Brima Wurie, USSC… Read more
State v. Daniel R. Folkman, 2013AP1363-CR, District 3, 12/17/13; court of appeals decision (1-judge; ineligible for publication); case activity A deputy on patrol checked the license plate of an oncoming car. The check showed the car belonged to Folkman. The deputy then checked Folkman’s license status, which was expired, so the deputy stopped the car… Read more
Review of unpublished court of appeals decision; case activity Issue (from the Petition for Review) Should this Court accept review to examine when law enforcement can electronically track a cell phone in order to locate the phone’s user? More specifically, should this Court review a) whether obtaining a cell phone’s location constitutes a “search” within… Read more
Maryland v. King, USSC No. 12-207, 6/3/13 United States Supreme Court decision, reversing King v. State, 425 Md. 550, 42 A.3d 549 (2012) In a decision validating the collection of DNA from at least some persons before they are even convicted of a crime, a divided Supreme Court has concluded that when officers make an arrest supported… Read more
Florida v. Jardines, USSC No. 11-564, 3/26/13 United States Supreme Court decision, affirming Jardines v. State, 73 So. 3d 34 (2011) In this 5-to-4 decision, the Supreme Court holds that using a drug-sniffing dog on a homeowner’s front porch to investigate the contents of the home is a “search” within the meaning of the Fourth Amendment… Read more
