On Point: 4. Good faith rule

State v. Tyler M. Pasch, 2014AP1193-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs)

Another day, another decision holding the good-faith exception to the exclusionary rule applies to blood drawn without a warrant or exigent circumstances because the blood draw happened before Missouri v. McNeely, 133 S. Ct. 1552 (2013), effectively overruled State v. Bohling,

State v. Cassius A. Foster, 2014 WI 131, 12/26/14, affirming a court of appeals summary disposition; majority opinion by Justice Crooks; case activity

State v. Alvernest Floyd Kennedy, 2014 WI 132, 12/26/14, affirming an unpublished court of appeals decision; majority opinion by Justice Gableman; case activity

State v. Michael R. Tullberg, 2014 WI 134, 12/26/14, affirming a per curiam court of appeals decision; majority opinion by Justice Ziegler; case activity

In these three cases, the supreme court addresses two issues arising from Missouri v. McNeely, 133 S. Ct. 1552 (2013): If a blood draw was conducted before McNeely in reliance on State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), does the good-faith exception to the exclusionary rule mean the test results should not be suppressed? And, if the dissipation of alcohol by itself doesn’t constitute exigent circumstances justifying a warrantless blood draw, what circumstances do establish such an exigency? Foster and Kennedy hold that the good-faith exception applies to pre-McNeely searches. Tullberg addresses the second question.

State v. Travis Daniel Thom, 2014AP613-CR, District 3, 9/9/14 (1-judge; ineligible for publication); case activity

A police officer reasonably assumed a car was being driven by the owner where there was no additional information suggesting someone else was driving.

On review of published court of appeals decision; case activity

Issue (composed by On Point)

Did the good-faith exception to the exclusionary rule apply to a search of a home conducted in reliance on a search warrant that was itself based on a search by a drug-sniffing dog that violated Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409 (2013)?

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 States v. Jones, 565 U.S. ___, 132 S. Ct. 945 (2012), exclusion of the evidence obtained from the device is an inappropriate remedy.

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 cause.

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 him that United States law enforcement authorities wanted to search Johnson’s residence and needed to make sure the search was lawfully conducted so any evidence found could be used in an American court.

Docket

Decision below: Millender v. County of Los Angeles, 620 F. 3d 1016 (9th Cir 2010). reversing panel decision, 564 F.3d 1143

Questions Presented (from Petition):

This Court has held that police officers who procure and execute warrants later determined invalid are entitled to qualified immunity, and evidence obtained should not be suppressed, so long as the warrant is not “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.” United States v.

Willie Gene Davis v. U.S., USSC No. 09-11328, 6/16/11

… The question here is whether to apply this sanction when the police conduct a search in compliance with binding precedent that is later overruled. Because suppression would do nothing to deter police misconduct in these circumstances, and because it would come at a high cost to both the truth and the public safety, we hold that searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule.

State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11

court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity

The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his registration had expired, nonetheless supported stop of the car under the good-faith rule.

¶11      We conclude the circuit court properly denied the motion to suppress because the officer had probable cause to stop Reierson for operating with an expired registration,