Byrd v. United States, USSC No. 16-1371, 2018 WL 2186175 (May 14, 2018), vacating United States v. Byrd, 679 Fed. Appx. 146 (3rd Cir. 2017); SCOTUSblog page (includes links to briefs and commentary) Terrence Byrd was pulled over while driving a rental car with no passengers. Officers quickly realized the rental agreement for the car… Read more
17. REP – Auto
Byrd v. United States, USSC No. 2016-1371, cert granted 9/28/17; 3rd Circuit’s opinion; docket; SCOTUSblog page Question presented: A police officer may not conduct a suspicionless and warrantless search of a car if the driver has a reasonable expectation of privacy in the car–i.e., an expectation of privacy that society accepts as reasonable. Does a… 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
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
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
State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53 For Bruski: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: Bruski did not establish an expectation of privacy in the automobile from which evidence was seized, where his only connection to the automobile was that he had passed out in it; further, he did not know… Read more
State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53 For Bruski: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶32 Bruski argues that he had a reasonable expectation of privacy in his travel case, even if he did not have a reasonable expectation of privacy in Ms. Smith’s vehicle. The question of whether an… Read more
State v. Anthony Harris, 206 Wis. 2d 243, 557 N.W.2d 245 (1996), reversing unpublished decision of court of appeals For Harris: Robert J. Diaz Issue: Whether passenger who is not target of vehicle stop has standing to challenge its lawfulness. Holding: … [M]ost of the federal circuit courts have held that a traffic stop of a vehicle constitutes… Read more
