On Point blog, page 4 of 13
Exclusionary rule applies to property forfeiture actions; but so does good faith exception
State v. Michael J. Scott, et al., 2019 WI App 22; case activity (including briefs)
Applying long-standing U.S. Supreme Court precedent, the court of appeals holds that the exclusionary rule can be used to defend against a civil forfeiture complaint filed by the state. But it also holds the state should have a shot at arguing the good-faith exception to the exclusionary rule also applies, despite the state’s failure to assert this claim in the circuit court.
SCOW: Courts can’t suppress evidence solely to preserve judicial integrity
State v. Christopher John Kerr, 2018 WI 87, 7/6/18, reversing a circuit court order on bypass of the court of appeals; case activity (including briefs)
Wisconsin has recognized 2 grounds for applying the exclusionary rule to suppress evidence–to deter police misconduct and to ensure judicial integrity. State v. Hess, 2010 WI 82, ¶¶20, 33, 327 Wis. 2d 524, 785 N.W.2d 568; State v. Eason, 2001 WI 98, ¶¶3, 31 n.10, 245 Wis. 2d 206, 629 N.W.2d 625. The majority opinion in this case clarifies that a judge’s failure to follow the law when issuing a warrant cannot serve as an independent basis for the exclusionary rule.
Warrantless, forced blood draw was reasonable
State v. Keith A. Wall, 2017AP2367-CR, District 4, 5/17/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Wall sought the suppression of the results of the test of his blood, which showed he had a BAC of 0.178 after his arrest for OWI. He argues the blood was seized unlawfully because police didn’t have a warrant and they used excessive force to draw the blood. The court of appeals rejects both claims.
COA: Consent to search apartment voluntary and attenuated from dog sniff
State v. Anthony S. Taylor, 2017AP587-CR, 12/21/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Police responded to a 911 call from S.M., Taylor’s girlfriend. She had been in a fight with another woman in the apartment building they all lived in. The other woman told the cops that she had gone with Taylor to pick up marijuana that day, that he was storing it in the apartment he shared with S.M., and that he may also have had a firearm. An officer testified he also knew Taylor had recently been the victim of a robbery and was a felon.
Good faith exception to exclusionary rule applies to pre-Rodriquez dog sniff
State v. James R. Stib, 2017AP3-CR, District 2, 11/15/17 (not recommended for publication); case activity (including briefs)
Stib argues his traffic stop was unlawfully prolonged to conduct a dog sniff under Rodriguez v. United States, 135 S. Ct. 1609 (2015). Assuming Stib is correct, suppression of the evidence seized after the dog alerted is inappropriate under the good-faith exception to the exclusionary rule because the dog sniff was conducted in objectively reasonable reliance on then-existing precedent, namely, State v. Arias, 2008 WI 84, 311 Wis. 2d 358, 752 N.W.2d 748.
SCOW will address State’s request that it overrule State v. Hess’s limit on good-faith exception to exclusionary rule
State v. Christopher John Kerr, 2016AP2455-CR, petition for bypass granted 10/17/17; case activity (including briefs)
Issue (based on the parties’ court of appeals briefs)
Does the good-faith exception to the exclusionary rule apply when there is no misconduct by a law enforcement officer in arresting an individual on an active commitment order that is later found to be void ab initio?
Defense win on Miranda and consent to search
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.
Court of appeals: warranted search attenuated from alleged illegal entry
State v. Andrew S. Sato, 2015AP1815-CR, 10/18/2016, District 1 (not recommended for publication); case activity (including briefs)
Police investigating an armed robbery the previous evening learned their suspect was at home in his apartment. One officer initiated a “knock and talk,” banging on the front door of the apartment and yelling for five to ten minutes while another officer positioned himself outside near the apartment’s bedroom window. After that second officer heard loud noises, the first kicked in the door and arrested Sato. The officers then went and got a search warrant for the apartment, which turned up evidence of the crime.
Stop by officer outside his jurisdiction was reasonable
State v. Darren Wade Caster, 2015AP1965-CR, District 3, 10/12/2016 (one-judge decision; ineligible for publication); case activity (including briefs)
The fact that an officer stopped Caster outside the limits of his jurisdiction does not mean the evidence garnered from the stop must be suppressed because the stop was reasonable.
A longer prolonged stop/dog sniff, but a different result
State v. Troy Paulson, 2015AP456-CR, 8/31/16, District 2 (1-judge opinion, not recommended for publication); case activity (including briefs)
This is the second dog sniff case from District 2 in less than a week. See our post on State v. Downer Jossi here, which recognized that SCOTUS’s Rodriguez v. United States overruled SCOW’s State v.