On Point: A. Expectation of privacy

State v. Jimmie G. Minett, 2014 WI App 40; case activity

Issue:  Whether under State v. Popenhagen, 2008 WI 55, 309 Wis. 2d 601, 749 N.W.2d 611, suppression of evidence discovered during a strip search may be a remedy for violation of § 968.255?

Holding:  “No,” said the court of appeals.  Popenhagen simply abrogated case law that prohibited the circuit court from suppressing evidence obtained in violation of a statute when the statute does not expressly require suppression.

David L. Riley v. California, USSC 13-132

Question presented:

Whether evidence admitted at petitioner’s trial was obtained in a search of petitioner’s cell phone that violated petitioner’s Fourth Amendment rights.

Lower court opinion: People v. Riley, No. D059840 (Cal. App. 4th Dist., Feb. 8, 2013) (unpublished)

Docket

Scotusblog page

United States v. Brima Wurie,

State v. Daniel R. Folkman, 2013AP1363-CR, District 3, 12/17/13; court of appeals decision (1-judge; ineligible for publication); case activity

A deputy on patrol checked the license plate of an oncoming car. The check showed the car belonged to Folkman. The deputy then checked Folkman’s license status, which was expired, so the deputy stopped the car, ultimately resulting in Folkman’s arrest for OWI. (¶2). The court of appeals rejects Folkman’s claim the deputy needed some valid reason to initiate the registration and license checks.

Review of unpublished court of appeals decision; case activity

Issue (from the Petition for Review)

Should this Court accept review to examine when law enforcement can electronically track a cell phone in order to locate the phone’s user?

More specifically, should this Court review a) whether obtaining a cell phone’s location constitutes a “search” within the meaning of the 4th Amendment, b) if so,

Maryland v. King, USSC No. 12-207, 6/3/13

United States Supreme Court decision, reversing King v. State, 425 Md. 550, 42 A.3d 549 (2012)

In a decision validating the collection of DNA from at least some persons before they are even convicted of a crime, a divided Supreme Court has concluded that when officers make an arrest supported by probable cause for a “serious”

Florida v. Jardines, USSC No. 11-564, 3/26/13

United States Supreme Court decision, affirming Jardines v. State, 73 So. 3d 34 (2011)

In this 5-to-4 decision, the Supreme Court holds that using a drug-sniffing dog on a homeowner’s front porch to investigate the contents of the home is a “search” within the meaning of the Fourth Amendment. Because the search was conducted without probable cause,

Review of per curiam court of appeals decision; case activity

Issues (from the Petition for Review):

• 1. Without obtaining a warrant, police tracked Subdiaz-Osorio’s location through the signal transmitted from his cell phone. Did the trial court err in denying his motion to suppress this evidence?

• 2. Did the court of appeals in deciding that the evidence that came from the illegal search was harmless?

State v. James G. Brereton, 2013 WI 17, affirming 2011 WI App 127; case activity

Search and seizure of vehicle — attaching GPS tracking device

After lawfully stopping Brereton, the police removed him from his car, towed it to a lot, and, after obtaining a warrant, attached a GPS tracking device. The car was returned to Brereton, and ensuing monitoring led to information connecting him to a crime.

State v. Bobby L. Tate, 2012AP336-CR, District 1, 12/27/12;  court of appeals decision (not recommended for publication), petition for review granted 6/12/13; case activity

Order allowing police to track the current location of cell phone upheld, rejecting Tate’s argument that it constituted an illegal search warrant:

¶8        The heart of Tate’s argument on appeal is that the order authorizing the tracking of Tate’s phone to find its location was invalid under Wis.

State v. Michael C. Christofferson, 2012AP571-CR, District 3, 10/30/12

court of appeals decision (1-judge, ineligible for publication); case activity

The officer didn’t develop probable cause (for OWI arrest; Christofferson was getting out of his car when the officer first saw him) until after illegal entry of the attached garage, therefore the ensuing arrest was unlawful.

¶10      Under the Fourth Amendment, police are prohibited from making a warrantless and nonconsensual entry into a suspect’s home absent probable cause and exigent circumstances.