State v. Thor S. Lancial, 2022AP146-CR, 1/5/22, District 3 (not recommended for publication); case activity (including briefs) A jury convicted Lancial of 10 counts of possession of child pornography. On appeal, he argued that (1) the State’s evidence was insufficient to support the conviction and (2) the circuit court erred in denying his motion to… Read more
6. Scope of warrant
State v. Billy Joe Cannon, 2019AP2296-CR, District 1, 5/25/21 (not recommended for publication; case activity (including briefs) In 2009, the State charged Cannon with conspiracy to deliver cocaine on Nov. 10, 2005. In 2011, a jury acquitted him. Six weeks later, the State filed new charges alleging that Cannon conspired to deliver cocaine on March… Read more
State v. Collin M. Gallagher, 2017AP1403, 4/5/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Police took Gallagher’s blood by a warrant that the parties agree was supported by probable cause of operating while intoxicated. He argues, though, that the warrant did not, by its terms, authorize the subsequent testing of his… Read more
United States v. Microsoft Corp., USSC No. 17-2, certiorari granted 10/16/17 Question presented: Whether a United States provider of email services must comply with a probable-cause-based warrant issued under 18 U.S.C. § 2703 by making disclosure in the United States of electronic communications within that provider’s control, even if the provider has decided to store… Read more
State v. Benjamin Schneller, 2016AP2474, 6/22/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Benjamin Schneller was arrested for OWI and refused to submit to a blood draw, so the police got a warrant and took the blood anyway. He argues on appeal that the warrant only authorized the police to draw… Read more
State v. Lauren Ann Erstad, 2015AP2675-CR, 7/28/16, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Convicted of an OWI 2nd, Erstad challenged the search warrant relied upon to collect and test her blood because: (1) the affidavit supporting the warrant contained false information; and (2) the warrant authorized the “collection” of her… Read more
State v. Kelly M. Rindfleisch, 2014 WI App 121; case activity Just how “particular” must a warrant to search a Gmail and Yahoo! Mail be in order to survive the Fourth Amendment’s “particularity” requirement? And does the answer change when the warrant is for searching the email accounts of someone other than the person suspected of the crime… Read more
State v. Diane M. Millard, 2012AP2646-CR, District 2, 7/17/13; court of appeals decision (1-judge; ineligible for publication); case activity A search warrant was supported by probable cause because the two events cited in the warrant request–a controlled heroin buy in January 2011 and a garbage search in July 2011 revealing “a small, circle shaped screen… Read more
