On Point: A. Expectation of privacy

Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity

Extended Supervision Conditions – Suspicionless Searches 

A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and thus neither overbroad nor unrelated to Tally’s rehabilitative needs.

Florence v. Board of Chosen Freeholders of County of Burlington et al., USSC No. 10-945, 4/2/12, affirming 621 F.3d 296 (3rd Cir. 2010)

A jail policy requiring that every detainee who will be admitted to the facility’s general population may be required to undergo close visual inspection while undressed is reasonable under the fourth amendment.

The question here is whether undoubted security imperatives involved in jail supervision override the assertion that some detainees must be exempt from the more invasive search procedures at issue absent reasonable suspicion of a concealed weapon or other contraband.

court of appeals decision; for Brereton: Matthew S. Pinix; case activity; prior post

Search & Seizure – GPS Device – Warrant 

Issues (Composed by On Point): 

Whether the police illegally seized Brereton’s car, so as to taint a subsequently issued warrant for installation of a GPS tracking device on it; or, whether tracking was unreasonable under U.S. v. Jones,

U.S. v. Antoine Jones, USSC No. 10-1259, 1/23/12, affirming United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010), reh’g denied sub nom. United States v. Jones, 625 F.3d 766 (D.C. Cir. 2010); effectively overruling State v. Sveum, 2009 WI App 81, ¶8

The Fourth Amendment provides in relevant part that “[t]he right of the people to be secure in their persons,

State v. Anthony D. Guard, 2012 WI App 8 (recommended for publication); for Guard: Richard L. Zaffiro; case activity

Warrantless Entry – Duplex, Common Hallway

Guard, a resident of a duplex upper flat, had a reasonable expectation of privacy in a hallway by which his unit was accessed, such that warrantless police entry into that hallway without consent or exigent circumstances violated the fourth amendment; factors enunciated by State v.

State v. Gary F. Wieczorek, 2011AP1184-CR, District 3, 11/8/11

court of appeals decision (1-judge, not for publication); for Wieczorek: James R. Koby; case activity

Warrantless arrest of Wieczorek on his front porch for OWI, after he answered the officer’s knock was constitutional. The record doesn’t show that Wieczorek had a reasonable expectation of privacy in the porch. ¶¶10-11, distinguishing State v. Walker,

State v. Tally Ann Rowan, 2010AP1398-CR, rev. granted 10/25/11

on certification request (District 3/4); for Rowan: LaZotte, Paul G.; case activity

Issue (from Certification): 

The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer to search the defendant’s person, vehicle,

State v. Rodney D. Johnson, 2010AP2470-CR, District 1, 10/4/11

court of appeals decision (not recommended for publication); for Johnson: Richard L. Kaiser; case activity

Acting on a drug tip, police targeted Johnson, and saw him driving a car with a cracked windshield. After Johnson got out of the car, the officers approached, and “asked” to talk to him, but he walked away. The officers then “asked” him to take his hands out of his pocket,

State v. James G. Brereton, 2011 WI App 127 (recommended for publication); for Brereton: Matthew S. Pinix; case activity

After lawfully stopping Brereton, the police removed him from his car, towed it to a lot and then, after obtaining a warrant, attached a GPS tracking device. Ensuing monitoring led to information connecting Brereton to a crime. The court holds as follows:

• Fourth amendment concerns are implicated because the tracking device was placed inside the hood while the vehicle was in police possession and out of public view,¶8,

certification; for Rowan: Paul G. LaZotte, SPD, Madison Appellate; case activity; review granted, 10/25/11

Extended Supervision Conditions – Limits on Fourth Amendment Rights

The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer to search the defendant’s person,