State v. Scott E. Oberst, 2014 WI App 58; case activity The good faith exception to the exclusionary rule applies to evidence obtained during a period when binding Wisconsin appellate precedent permitted the warrantless installation of a global positioning system (GPS) device. Thus, even though the installation of the GPS device on the defendant’s vehicle was unconstitutional under United… Read more
B. Search warrants
Fernandez v. California, USSC 12-7822, 2/25/14, affirming People v. Fernandez, 145 Cal Rptr.3rd 51 (Cal Ct. App. 2012). Docket here; SCOTUSblog analysis of decision here; Orin Kerr’s “Five Thoughts on Fernandez” here; On Point analysis of cert grant here Police officers may, without a warrant, search a jointly occupied premises if one of the occupants… Read more
State v. Gary Monroe Scull, 2014 WI App 17, petition for review granted, 5/22/14, affirmed, 2015 WI 22; case activity Police violated Scull’s Fourth Amendment rights under Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013), when they brought a drug-sniffing dog to the front door of his residence without a warrant or probable… Read more
State v. James Howard, 2013AP190-CR; 1/22/14; District 1; (not recommended for publication); case activity Howard, a former correctional officer, was convicted of 2nd and 3rd degree sexual assault of an inmate at the Milwaukee County Criminal Justice Facility. On appeal he argued that his trial counsel was ineffective for failing to: (1) move to suppress… Read more
State v. Derek S. Strasen, 2013AP1523-CR, District 2, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity There was no probable cause to administer an initial PBT to Strasen, who was stopped for speeding, even though he emitted a faint smell of intoxicants, had bloodshot and “glossy” eyes, and said he had been… Read more
State v. Jack E. Johnson, 2013 WI App 140; case activity As part of their investigation of Johnson’s involvement in a homicide, Wisconsin police wanted to search Johnson’s rented residence in Rosarito, Mexico. They contacted FBI Special Agent Eckel, the U.S. liaison between Mexican and American law enforcement authorities. Eckel called a liaison in Mexico and told… Read more
State v. Raylene A. Brinkmeier, 2013AP15-CR, District 4, 8/1/13; court of appeals decision (1-judge; ineligible for publication); case activity The police had probable cause under § 343.303 to request Brinkmeier to submit to a preliminary breath test (PBT): ¶13 Contrary to Brinkmeier’s argument, the evidence supporting probable cause in this appeal does not differ… 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
