On Point: 35. Search & Seizure

State v. Bryan J. Landwehr, 2016AP2536-CR, 11/7/17, District 3 (one-judge decision; ineligible for publication) case activity (including briefs)

The court of appeals holds that officers lacked a valid community caretaker basis to seize Landwehr from his garage based on speculation that he might engage in a domestic dispute in the future.

State v. Christopher C. Bouchette, 2017AP820-CR, 10/26/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

A Wood County officer spotted Bouchette driving “at a higher rate of speed” near the county border.  He followed Bouchette for less than 5 minutes outside of his jurisdiction into Portage County and activated his siren. Bouchette did not pull over. He veered across the center line and drove into a ditch, which led to a search and a charge of driving with a PAC (2nd offense). Bouchette moved to suppress evidence that the officer obtained outside of his jurisdiction.

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?

State v. Marcellous D. Tally-Clayborne, 2016AP1912-CR, District 1, 10/17/17 (one-judge decision; ineligible for publication); case activity (including briefs)

Tally-Clayborne challenges his carrying a concealed weapon conviction, arguing he was unlawfully stopped, detained and searched because police had no information suggesting he was involved in any illegal activity. The court of appeals holds both the stop and pat-down search were justified.

Dahda v. United States, USSC No. 17-43, certiorari granted 10/16/17

Question presented:

Whether Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510–2520, requires suppression of evidence obtained pursuant to a wiretap order that is facially insufficient because the order exceeds the judge’s territorial jurisdiction.

United States v. Microsoft Corp., USSC No. 17-2, certiorari granted 10/16/17

Question presented:

Whether a United States provider of email services must comply with a probable-cause-based warrant issued under 18 U.S.C. § 2703 by making disclosure in the United States of electronic communications within that provider’s control, even if the provider has decided to store that material abroad.

According to the latest edition of SCOWstats, the Wisconsin Supreme Court has been taking more 4th Amendment cases then ever. How are the justices voting? You might be surprised. Click here.

State v. Sierra Ann Desing, 2017AP490-491, 10/11/17, District 2, (not recommended for publication); case activity (including briefs)

A citizen informant told 911 that he saw Desing pulled over on the side of the road hanging out her door. He asked if she was okay and was told “yes,” but he later saw her driving erratically on the highway. Deputies went to her house, knocked “loudly,” received no response, discovered her back door and patio door open on May 28 at 7:30 a.m., saw her dog running loose in the backyard, and, fearing that she might be choking on her own vomit, entered the house and searched until they found her asleep in the basement.

State v. Sarah A. Schmidt, 2017AP724-CR, District 2, 10/11/17 (one-judge decision; ineligible for publication); case activity (including briefs)

For operating while intoxicated, no less—even though there was scant evidence of impaired driving and the driver exhibited no slurred speech and apparently normal balance and motor coordination.

State v. Damien Markeith Divone Scott, 2017 WI App 74; case activity (including briefs)

In this case of first impression in Wisconsin, the court of appeals holds that the stop of a car at a police checkpoint was justified by the “special needs” of law enforcement.