State v. Brooke K. Eder, 2021AP485, 2/28/23, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Officers got a warrant to arrest one Estes. The warrant permitted them to search Eder’s apartment for Estes; the affidavit gave various reasons to believe that Estes would be there. Estes was there, and they arrested him… Read more
B. Search warrants
State v. Thor S. Lancial, 2022AP146-CR, 1/5/22, District 3 (not recommended for publication); case activity (including briefs) A jury convicted Lancial of 10 counts of possession of child pornography.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
State v. Jeffrey L. Moeser, 2022 WI 76, 11/23/22, affirming an unpublished court of appeals decision; case activity (including briefs) The Fourth Amendment requires that warrants shall not be issued except upon probable cause “supported by Oath or affirmation.” The officer who applied for a warrant to draw Moeser’s blood after an OWI arrest made… Read more
State v. Randaro V. Jones, 2020AP1046, District 1 (one-judge decision; ineligible for publication) 9/7/22, case activity (including briefs) This is not an OWI case; rather, it’s an appeal from a conviction of recklessly endangering safety by using a firearm while intoxicated. But the blood test that led to this charge came as a result of… Read more
State v. Donald A. Whitaker, 2022AP204-CR, District 2, 7/27/22 (one-judge decision; ineligible for publication); case activity (including briefs) A telephonic warrant may be valid even if the court did not arrange for an electronic or written recording of the officer’s telephone call to be made. The procedures for obtaining a telephonic search warrant are set… Read more
State v. Valiant M. Green, 2022 WI 41, affirming a court of appeals summary disposition, 2019AP2150-CR, case activity (including briefs) Does an affidavit supporting a warrant for a blood draw state probable cause where it alleges that the defendant “drove or operated a motor vehicle at driveway of [residential address]” and that the defendant “admitted… Read more
City of Waukesha v. Brian John Zimmer, 2012AP530-531, 3/23/22, District 2; case activity (including briefs) The circuit court suppressed the results of Zimmer’s preliminary breath test because Officer Moss demanded, rather than asked, Zimmer to submit to a PBT, contrary to §343.303. It also dismissed Zimmer’s OWI citations. The court of appeals reversed because Moss… Read more
Orin Kerr at Volokh Conspiracy has posted an essay on a recent federal district court decision regarding the legality of so-called “geofence” warrants, which involve law enforcement getting access to Google’s cell phone location data and using the data to advance a criminal investigation. Google apparently imposes its own sort of “warrant” requirement, and the basic… Read more
