On Point: C. Warrant unnecessary

Review of an unpublished court of appeals decision; case activity (including briefs)

Issue (from petition for review):

Whether the doctrine of hot pursuit always justifies a forcible warrantless entry into the residence of one suspected of minor criminal activity. In the present case, the court of appeals declined to consider Mr. Delap’s argument that the conduct of law enforcement in this case, even if justified as legitimate ‘hot pursuit’ of a fleeing suspect, was nonetheless unreasonable under the Fourth Amendment. Although Mr. Delap’s argument presented a chain of reasoning and citation to legal authority, the court of appeals characterized the argument as ‘undeveloped’ and did not consider it.

Jeremy Perri guests posts on State v. Adam M. Blackman, 2017 WI 77, 7/7/17, reversing a published court of appeals opinion, 2016 WI App 69, 371 Wis. 2d 635, 886 N.W.2d 94; case activity (including briefs)

SCOW suppresses blood test, holding that the statutory Informing the Accused misrepresented the consequences of a refusal, the consent was coerced, and the exclusionary rule is necessary to deter future violations.

Mike Tobin guest posts on State v. Lewis O. Floyd, Jr., 2017 WI 78, 7/7/17, affirming a published court of appeals opinion, 371 Wis. 2d 404; case activity (including briefs)

The majority opinion affirms the rulings of the lower courts that the defendant voluntarily consented to a frisk of his person following a traffic stop. The majority reached its decision without discussing the reasonableness of the officer’s suspicion of criminal activity-an issue emphasized in the dissenting opinion and previously analyzed by the court of appeals.

State v. Navdeep S. Brar, 2017 WI 73, 7/6/17,  affirming an unpublished court of appeals opinion, 2015AP1261-CR; case activity (including briefs)

By obtaining a driver’s license or operating a vehicle in Wisconsin do we automatically give the government consent to draw our blood without a warrant? A nose count reveals the answer remains “maybe.”

State v. Kenneth M. Asboth, Jr., 2017 WI 76, 7/6/2017, affirming an unpublished court of appeals decision; case activity (including briefs)

This case presented an issue that has divided federal and state appellate courts: does Colorado v. Bertine, 479 U.S. 367 (1987), permit “community caretaker”-type vehicle impoundments only when the police act accord to “standard criteria”? The majority in this case joins the “no” camp; the dissent says the majority has “buck[ed] the nationwide trend” and expanded the community caretaker doctrine into a “pretext to engage in unconstitutional searches” for evidence of crime.

State v. Omar Quinton Triggs, 2015AP2533, 6/13/17, District 1 (not recommended for publication); case activity (including briefs)

A patrolling officer saw Triggs “close a garage door and quickly run to the driver’s door” and get into his car, which was parked nearby in an alley. Five officers in three vehicles converged, forcibly removed Triggs from his car, and handcuffed him. 

Bill Tyroler, On Point’s original writer, has kept a low profile since he retired. But lucky for us he can’t contain himself regarding SCOW’s decision in State v. Howes and court of appeals recent certification in State v. Gerald Smith. He says SCOW’s Howes opinion allows defense counsel to argue that exigent circumstances are required for a warrantless blood draw of an unconscious motorist. See Bill’s comments here and here.

State v. Gerald P. Mitchell, 2015AP304-CR; District 2, 5/17/17, certification granted 9/11/17; case activity (including briefs)

Issue:  Whether the warrantless blood draw of an unconscious motorist pursuant to Wisconsin’s implied consent law, where no exigent circumstances exist or have been argued, violates the Fourth Amendment.

State v. Steven T. Delap, 2016AP2196-CR, 4/20/17, District 4 (one-judge decision; ineligible for publication), petition for review granted 7/18/17, affirmed, 2018 WI 64; case activity (including briefs)

Police tried to arrest Delap outside his home on warrants for fleeing from a couple of traffic stops, but when they approached and said “stop, police,” Delap fled into his home. The police followed and arrested him inside. (¶¶3-6). Delap’s challenge to his arrest is no more successful than his attempt to flee.

State v. Faith N. Reed, 2016AP1609-CR, 3/23/17, District 4 (1-judge opinion; ineligible for publication), petition for review granted 3/13/18, reversed, 2018 WI 109; case activity (including briefs)

Officer Keller followed Sullivan into Reed’s apartment and saw controlled substances there. Reed sought suppression on the grounds that the officer did not have consent to enter her home. Based on a de novo, frame-by-frame review of a body cam video, the court of appeals held that Sullivan by his conduct (not his words) unequivocally invited Keller into Reed’s apartment.