State v. James G. Brereton, 2013 WI 17, affirming 2011 WI App 127; case activity Search and seizure of vehicle — attaching GPS tracking device After lawfully stopping Brereton, the police removed him from his car, towed it to a lot, and, after obtaining a warrant, attached a GPS tracking device. The car was returned… Read more
A. Expectation of privacy
State v. Bobby L. Tate, 2012AP336-CR, District 1, 12/27/12; court of appeals decision (not recommended for publication), petition for review granted 6/12/13; case activity Order allowing police to track the current location of cell phone upheld, rejecting Tate’s argument that it constituted an illegal search warrant: ¶8 The heart of Tate’s argument on appeal is that the order… Read more
State v. Michael C. Christofferson, 2012AP571-CR, District 3, 10/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The officer didn’t develop probable cause (for OWI arrest; Christofferson was getting out of his car when the officer first saw him) until after illegal entry of the attached garage, therefore the ensuing arrest was unlawful… Read more
Village of Oregon v. Jeremy Florin, 2011AP1708, District 4, 8/16/12 court of appeals decision (1-judge, ineligible for publication); case activity Suspected of drunk driving, Florin was followed by a police officer to his home, ignored the officer’s command to stop, and went inside via an open garage. The officer entered the still-open garage, knocked on… Read more
Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity Extended Supervision Conditions – Suspicionless Searches A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and… Read more
Florence v. Board of Chosen Freeholders of County of Burlington et al., USSC No. 10-945, 4/2/12, affirming 621 F.3d 296 (3rd Cir. 2010) A jail policy requiring that every detainee who will be admitted to the facility’s general population may be required to undergo close visual inspection while undressed is reasonable under the fourth amendment. The question… Read more
court of appeals decision; for Brereton: Matthew S. Pinix; case activity; prior post Search & Seizure – GPS Device – Warrant Issues (Composed by On Point): Whether the police illegally seized Brereton’s car, so as to taint a subsequently issued warrant for installation of a GPS tracking device on it; or, whether tracking was unreasonable under U.S. v. Jones, __ U.S… Read more
U.S. v. Antoine Jones, USSC No. 10-1259, 1/23/12, affirming United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010), reh’g denied sub nom. United States v. Jones, 625 F.3d 766 (D.C. Cir. 2010); effectively overruling State v. Sveum, 2009 WI App 81, ¶8 The Fourth Amendment provides in relevant part that “[t]he right of the people to be secure in their persons… Read more
