State v. Kevin M. Jereczek, 2021 WI App 30; case activity (including briefs) Police suspected Jereczek’s son in a sexual assault and thought there might be evidence on the family desktop computer. They asked Jereczek if they could search the machine; he agreed but limited his permission to the son’s account. The examiner, Behling, didn’t… Read more
35. Search & Seizure
Village of Grafton v. Elizabeth A. Wesela, 2020AP1416, District 2, 4/7/21 (one-judge decision; ineligible for publication); case activity (including briefs) Wesela concedes police had reaonsable suspicion to make the initial stop of the car she was driving, but complains, fruitlessly, that the officer didn’t have reasonable suspicion to extend the stop to conduct field sobriety… Read more
State v. Avant Rondell Nimmer, 2020AP878-CR, petition for review granted 3/24/21; case activity (including links to briefs and PFR) Issue presented (composed by On Point): Did police responding to a ShotSpotter alert of shots fired have reasonable suspicion to stop and frisk Nimmer based on his proximity to the address in the alert so close… Read more
Village of Greendale v. Matthew R. Derzay, 2019AP2294, District 1, 3/30/31 (not recommended for publication); case activity (including briefs) The burden of proof for a petitioner under § 968.20 is preponderance of the evidence, but the circuit court applied the clear and convincing standard and demanded Derzay provide certain kinds of proof to meet that… Read more
Torres v. Madrid, USSC No. 19-292, 2021 WL 1132514, 3/25/21, reversing 769 Fed. Appx. 654 (10th Cir. 2019); Scotusblog page (including links to briefs and commentary) Fans of dueling citations to ancient cases will want to savor the entirety of the majority and the somewhat heated dissent in this case; the serjeants-at-mace shew their mace… Read more
State v. Kendell Marcel White, 2020AP588-CR, District 1, 2/2/21 (one-judge decision; ineligible for publication); case activity (including briefs) In the course of a traffic stop based on a bad parking job, excessively tinted windows, and no visible plates, police searched the car and found a concealed weapon. The court of appeals holds the search was… Read more
State v. Shondrell R. Evans, 2020AP286-CR, District 4, 1/28/21 (not recommended for publication); case activity (including briefs) Evans was seized under the Fourth Amendment when two police officers parked their marked squad cars in a way that restricted—though didn’t totally obstruct—his ability to drive away, shined their headlights and spotlights on his car, and exited… Read more
State v. Jalen F. Gillie, 2020AP372, 1/20/21, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Gillie’s car on a “dark night” because of “suspected illegal window tint.” An eventual search of the car turned up a gun and Gillie was convicted of carrying a concealed weapon without a permit… Read more
