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35. Search & Seizure

State v. Jeremy J. Deen, 2020AP1399, 8/24/21, District 3 (not recommended for publication); case activity (including briefs) Police received a tip that an IP address associated with Deen’s home had uploaded child pornography. They went to the home and Deen let them in. While inside, officers noted Deen was carrying a knife, so they frisked… Read more

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Portage County v. Sean Michael Dugan, 2021AP454 & 2021AP455, District 4, 8/5/21 (one-judge decision; ineligible for publication); case activity (including briefs) Dugan was stopped in a snowstorm. The officer had him do field sobriety tests at the scene of the stop, in a rut in the snow crated by the squad’s tires. (¶¶3-4). Having Dugan… Read more

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State v. Isaac D. Taylor, 2019AP797-CR, District 2, 7/30/21 (not recommended for publication); case activity (including briefs) The majority sees specific and articulable facts providing reasonable suspicion for a traffic stop. The dissent sees a change in the state’s justification for the stop that sandbags the defense and turns the court of appeals into a… Read more

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State v. Keith J. Dresser, 2020AP2017, 7/22/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy saw Dresser apparently unconscious in his vehicle in a Taco Bell parking lot at 5:00 a.m. The deputy pulled behind Dresser’s vehicle, turned on his emergency lights apparently based on departmental “procedures,” and knocked… Read more

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State v. Anthony Francen Harris, 2019AP1908-CR, District 3, 7/30/21 (one-judge decision; ineligible for publication); case activity (including briefs) Police stopped the car Harris was driving in part because Skenandore, an officer-in-training, misread the data on his in-squad computer screen and wrongly concluded that the car’s owner didn’t have a valid license. (¶¶2-3, 5-7). His mistake… Read more

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State v. George Steven Burch, 2021 WI 68, on certification from the court of appeals, affirming the judgment of conviction; case activity (including briefs) We said in our post on the court of appeals’ certification that this case presented novel and important issues about searches of cell phones and their data. So we anticipated a decision addressing… Read more

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State v. Charles L. Neevel, 2021AP36, 7/1/21, District 4 (one-judge decision ineligible for publication) case activity (including briefs) Neevel was arrested on suspicion of drunk driving. The officer read him the implied consent “informing the accused” form, and Neevel agreed to a blood draw. He moved to suppress, lost, and pleaded no contest to OWI… Read more

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State v. Jeffrey L. Moeser, 2019AP2184-CR, District 4, 6/24/21 (not recommended for publication); PfR granted 11/17/21; affirmed, 2022 WI 76; case activity (including briefs) Over a dissenting vote, the court of appeals holds that, under the facts of this case, the affidavit in support of the warrant to draw Moeser’s blood was sworn to under… Read more

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