On Point blog, page 1 of 15
COA concludes consent to blood draw was free and voluntary despite defendant’s aversion to needles.
Winnebago County v. Michael Jon Potratz, 2025AP1059, 4/29/26, District II (ineligible for publication); case activity
The COA affirmed the circuit court’s order denying the defendant’s motion to suppress the results of his blood draw based on the factors established by SCOW in Artic .
Defense win: COA suppresses evidence from warrantless blood draw, vacates OWI conviction
State v. Brandon J. Taff, 2024AP373, 2/17/26, District III (ineligible for publication); case activity
COA reverses Taff’s conviction on the basis that his warrantless blood draw was not justified by exigent circumstances, and therefore should have been suppressed.
SCOTUS applies emergency aid exception to warrant requirement “without further gloss;” declines to adopt probable cause standard
Case v. Montana, USSC No. 24-624, 1/14/2026, affirming Montana v. Case, 2024 MT 165, 417 Mont. 354, 553 P.3d 985; Scotusblog page (with links to briefs and commentary)
SCOTUS unanimously holds that Brigham City v. Stuart‘s objective reasonableness standard for warrantless home entries to render aid applies “without further gloss” and was satisfied here. While SCOTUS affirms the Montana Supreme Court’s judgment, the Court does not adopt the lower court’s reasoning in full.
COA: Police reasonably conveyed implied consent warnings to suspected drunk driver although officer commented to driver that not all of the warnings applied.
State v. Sam M. Shareef, 2025AP661, 12/10/25, District II (ineligible for publication); case activity
The COA holds that police reasonably conveyed implied consent warnings to a suspected drunk driver although the officer told the driver that some of the circumstances described on the Informing the Accused form did not apply to him.
COA holds that warrantless entry to home, authorized by young child, did not violate defendant’s Fourth Amendment rights
State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity
While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here.
Police had probable cause to search car, so didn’t unlawfully extend stop to wait for drug dog
State v. Warner E. Solomon, 2022AP634-CR, District 2, 5/24/23 (not recommended for publication); case activity (including briefs)
The court of appeals rejects Solomon’s argument that the police unlawfully extended a traffic stop to wait for a drug dog to arrive to do a thorough search of his car.
Defense Win! COA upholds suppression of evidence obtained from defendant’s Dropbox account
State v. Steven W. Bowers, 2023 WI App 4; case activity (including briefs)
In this important decision addressing a novel Fourth Amendment issue, the court of appeals holds that Bowers had a reasonable expectation of privacy in the contents of his Dropbox account, despite the fact he (1) used his work email address to create the account and (2) uploaded case files and shared them without permission. (Opinion, ¶43). The court further holds that although investigators had probable cause to search the account for evidence of Bowers’ alleged crime, no exigent circumstances justified the warrantless search. (¶3).
Defense win! Unanimous SCOW rejects claim that police incursion into fenced backyard was “knock and talk”
State v. Christopher D. Wilson, 2022 WI 77, 11/23/22, reversing an unpublished decision of the court of appeals, 2020AP1014; case activity (including briefs)
Someone called the police to report that a vehicle was driving erratically “all over the road.” The caller said the car had stopped in the alley behind a particular house and described its driver getting out, climbing up on the fence to reach over an unlatch a gate, and going into the backyard.
Search of socks and shoes for weapon was fine; so was subsequent search of car
State v. James Timothy Genous, 2019AP435-CR, 11/1/22, District 1 (not recommended for publication); case activity (including briefs)
In 2020 the court of appeals held that police didn’t have reasonable suspicion to stop Genous to investigate whether he was selling drugs. The supreme court reversed and sent the case back to the court of appeals to address the lawfulness of the searches of Genous’s shoes and socks and his car. Over a dissent, the court of appeals holds they were.
Warrantless arrest on porch unlawful, but probable cause to arrest means no suppression
State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs)
Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to arrest her.