B. Search warrants

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. Bradley L. Kilgore, 2016 WI App 47; case activity (including briefs) The execution of the search warrant at Kilgore’s home started with a heavily armed officers, including a SWAT team, entering and putting Kilgore down on the floor at gunpoint; but once the home was “cleared” and weapons were secured and the SWAT team… Read more

State v. Richard J. Slayton, 2015AP1255-CR, 2/3/16, District 2 (1-judge opinion; ineligible for publication); case activity, briefs Slayton, who was arrested for OWI, challenged a search warrant authorizing his blood draw. The supporting affidavit stated that an officer had reviewed his driving record and noted previous OWI conviction that were “prior countable offenses” under Ch. 346… Read more

Louise Milan v. Billy Bolin, et al., 7th Circuit Court of Appeals No. 15-1207, 7/31/15 Police officers who conducted a SWAT raid on the wrong home weren’t entitled to qualified immunity because of their “insouciance” about another, more probable suspect of the crime being investigated and “the perfunctory nature of their investigation before the search….” (Slip op… Read more

The 4th Amendment has been described by Conservative HQ as “one of the most important arrows in the quiver against bullying big government.” Because the government doesn’t just search and seize paper–it also goes after your cell phones, your Facebook account, your email (even when stored on Google’s server), your tweets, your DNA (by definition… Read more

State v. Roberto F. Orozco-Angulo, 2014AP1744-CR, District 2, 4/8/15 (one-judge decision; ineligible for publication); case activity (including briefs) The procedure used to obtain a telephonic search warrant for a blood draw following Orozco-Angulo’s arrest for OWI and his refusal to submit to a blood test complied with the requirements of § 968.12(3) and therefore suppression of the… Read more

State v. Gary Monroe Scull, 2015 WI 22, 3/5/16, affirming a published court of appeals decision; lead opinion by Justice Bradley; case activity (including briefs) In a decision that fails to engage the real issue presented in the case, the supreme court holds that the good-faith exception to the exclusionary rule recognized in State v. Eason… Read more