On Point blog, page 1 of 2
DOJ agent’s search of computer at probation officer’s request upheld
State v. Richard L. Keller, 2017 WI App 19; case activity (including briefs)
Richard Keller’s probation rules required, among other things, that he neither possess a computer nor commit any crime. When his agent found computers at his house, she took them to Madison and had a Department of Criminal Investigations analyst examine them. Child porn was found and Keller moved for suppression, which the trial court granted. The court of appeals now reverses.
SCOW: Probation officer’s search of probationer’s computer was reasonable
State v. Jeremiah J. Purtell, 2014 WI 101, 8/1/14, reversing an unpublished court of appeals decision; majority opinion by Justice Gableman; case activity
In a case that expands the power of probation agents to search probationers’ computers and similar digital devices, the supreme court holds that the search of Purtell’s computer by his probation agent was reasonable because: 1) the computer was contraband, as Purtell was prohibited from possessing it by the rules of his probation; and 2) the agent had reasonable grounds to believe the computer might contain other items the probationer was prohibited from possessing—in this case, communications with underage girls or unauthorized Myspace accounts.
State v. Jeremiah J. Purtell, 2012AP1307-CR, petition for review granted 11/20/13
Review of unpublished court of appeals decision; case activity
Issue (from the state’s Petition for Review)
Whether the court of appeals went beyond the boundaries of an appellate court when it reversed the trial court’s decision based on a sua sponte argument–and subsequent appellate factual determinations–that was never presented to the trial court.
Purtell was on probation for animal cruelty convictions, and as a condition of probation was allowed access to computers only for school or work.
Probation search declared unreasonable; forfeiting issue could be ineffective assistance of counsel
State v. Jeremiah J. Purtell, 2012AP1307-CR, District 2, 3/7/13 (not recommended for publication); petition for review granted 11/20/13. Case activity.
This case concerns a probation agent’s search of the defendant’s computers. Following a conviction for 2 counts of animal cruelty, a court placed the defendant on probation and imposed a condition that he not own or possess a computer.
Probation Search: PBT Administered by Police Officer
State v. Marilee F. Devries, 2012 WI App 119 (recommended for publication); case activity
Devries’ probation agent, after detecting alcohol on her breath during a visit at the probation office, had a law enforcement officer administer a preliminary breath test. One thing led to another and she was convicted of OWI. She challenges the PBT as a police, rather than probation, search because the probation officer wasn’t involved in the test,
Extended Supervision Conditions – Suspicionless Searches; Battery to Law Officer, § 940.20(2) – Elements: Acting in Official Capacity
Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity
Extended Supervision Conditions – Suspicionless Searches
A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and thus neither overbroad nor unrelated to Tally’s rehabilitative needs.
Extended Supervision Conditions – Limits on Fourth Amendment Rights
State v. Tally Ann Rowan, 2010AP1398-CR, rev. granted 10/25/11
on certification request (District 3/4); for Rowan: LaZotte, Paul G.; case activity
Issue (from Certification):
The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer to search the defendant’s person, vehicle,
State v. Tally Ann Rowan, 2010AP1398-CR, District 3/4, 7/28/11
certification; for Rowan: Paul G. LaZotte, SPD, Madison Appellate; case activity; review granted, 10/25/11
Extended Supervision Conditions – Limits on Fourth Amendment Rights
The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer to search the defendant’s person,
Probation Search
State v. Seneca Joseph Boykin, 2009AP2499-CR, District 2, 9/22/10
court of appeals decision (3-judge, not recommended for publication); for Boykin: Mark A. Schoenfeldt; BiC; Resp.
A probation agent may not evade the warrant requirement by acting as a “stalking horse” for the police in conducting a warrantless search of a probationer’s residence, ¶10. In this instance, probation officer Navis, acting on reliable information that Boykin was using and selling cocaine,
Administrative Searches – Probation/Parole: Presence of Police not Determinative
State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08
For Jones: David R. Karpe
Issue/Holding: Warrantless search of bedroom upheld as probation/parole search under “special needs” doctrine, notwithstanding presence of police who were conducting a concurrent investigation:
¶15 We conclude, based on the court’s factual findings, that the search of Jones’s room was a probationary search and not a police search.