On Point: 6. Act 79

William T. Case v. Montana, USSC No. 24-624, certiorari granted 6/2/25

SCOTUS added to its docket when it accepted an increasingly rare grant from state criminal proceedings in this Fourth Amendment case:

Question presented:

Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.

State v. Ryan D. Wilkie, 2022AP730-CR, 3/11/25, District III (1-judge decision, ineligible for publication); case activity

COA rejects Wilkie’s interesting constitutional arguments regarding the authority of law enforcement to enter his home without a warrant and affirms his conviction for obstructing an officer.

State v. Wayne L. Timm, 2023AP351, 1/19/24, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

The police thought Timm might be responsible for a string of burglaries in the area, and so were looking out for his vehicle. When an officer spotted it one night, he pulled it over for going 31 in a 25. Shining his flashlight into the car, the officer saw the flat end of a tire iron such as could be used to pry things open; the iron was partly covered by a pair of jeans. He searched the vehicle and discovered more potentially “burglarious” tools. Based in part on this evidence, the police secured a GPS warrant for Timm’s car. The GPS tracking led to the discovery of evidence connecting him to specific burglaries. He moved to suppress the search of his car; when that was denied, he entered a plea.

State v. Roger James Gollon, 2023AP86-CR, District 4, 7/27/23 (one-judge decision; ineligible for publication); case activity (including briefs)

Gollon moved to suppress evidence police obtained after they entered his home without a warrant. The trouble, the court of appeals holds, with Gollon’s claim is that police utlized an accepted “knock-and-talk” investigating technique to gain entry to the curtilage of Gollon’s home and that “all remaining challenged conduct” was excused by the “emergency aid” exception to the Fourth Amendment.

United States v. Dustin Caya, 7th Circuit Court of Appeals No. 19-2469, 4/16/20

Caya was on extended supervision. Police developed reasonable suspicion to search his home, and duly did so under § 302.113(7r), which was created by 2013 Wisconsin Act 79. Caya argues that statute violates the Fourth Amendment. The Seventh Circuit rejects the claim.

State v. Roy S. Anderson, 2019 WI 97, 11/15/19, affirming a per curiam court of appeals decision; case activity (including briefs)

Act 79 permits law enforcement to search a person on probation, parole or extended supervision based on reasonable suspicion (not probable cause) that the person, is is about to, or has committed a violation of a condition of his release. In its first decision on this law, SCOW holds 7-0 that the officer here had (a) knowledge of Anderson’s supervision status before conducting the search at issue, and (b) the reasonable suspicion needed to conduct the search.

State v. Roy S. Anderson, 2017AP1104-CR, petition for review granted 4/9/19; case activity (including briefs)

Issues:

What constitutes sufficient knowledge of an offender’s community supervision status where an officer wants to search him pursuant to 2013 Wisconsin Act 79?

Whether the officers in this case had reasonable suspicion to search Anderson pursuant to Act 79.