On Point blog, page 60 of 142
State v. Daniel Iverson, 2014AP515-FT, petition for review granted 1/16/15
Review of an unpublished court of appeals opinion; Click here for docket and briefs
Issue (composed by On Point):
Whether an articulable suspicion or probable cause that a person has violated a statute punishable only by forfeiture can justify a warrantless seizure of the person?
State v. Brett W. Dumstrey, 2013AP857-CR, petition for review granted 3/16/15
Review of a published decision of the court of appeals; case activity (including briefs)
Issue (composed by On Point)
Did the police violate the Fourth Amendment by entering the parking garage of an apartment complex without a warrant and without the consent of a resident of the complex?
SCOW: Unlawful use of drug dog at suspect’s front door didn’t taint subsequent search warrant
State v. Gary Monroe Scull, 2015 WI 22, 3/5/16, affirming a published court of appeals decision; lead opinion by Justice Bradley; case activity (including briefs)
In a decision that fails to engage the real issue presented in the case, the supreme court holds that the good-faith exception to the exclusionary rule recognized in State v. Eason, 2001 WI 98, 245 Wis. 2d 206, 629 N.W.2d 625, allows the admission of evidence seized using a search warrant that was based on information collected in violation of Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013).
Officer’s statement about authority to search car didn’t taint driver’s consent to search of his person
State v. David M. Wagner, 2014AP842-CR, District 2, 2/25/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Wagner voluntarily consented to a search of his person, and was not merely “[a]cquiesc[ing] to an unlawful assertion of police authority,” State v. Johnson, 2007 WI 32, 16, 299 Wis. 2d 675, 729 N.W.2d 182, when he agreed to the search on the heels of the officer’s assertion of authority to search Wagner’s car.
Stop based on traffic violation, FSTs, and PBT upheld
State v. Frederick C. Thomas, III, 2014AP816-818, 2/19/15, District 4 (1-judge opinion; ineligible for publication); click here for briefs
Thomas was convicted of OWI, operating a car with a prohibited alcohol concentration, unsafe lane deviation, and failure to signal a turn. He challenged the stop, the extension of the stop to conduct field sobriety tests, and the administration of the preliminary breath test. The circuit court denied suppression, and the court of appeals affirmed.
Court of appeals affirms suppression; sees one-shot-sized container exception to Gant
State v. Miranda K. Hinderman, 2014AP1787-CR, 2/12/15, District 4 (one-judge opinion; ineligible for publication); click here for briefs
Just because police had grounds to arrest Hinderman for OWI didn’t mean that they also had reason to believe that evidence relating to the OWI might be found in a 3″x3″ pouch inside her purse, inside her car, where they happened to find marijuana and drug paraphernalia.
After lawful arrest for OWI, police may search car for more evidence
State v. Darrell G. Lewis, 2014AP2289-CR, 2/12/14; District 4 (one-judge opinion, ineligible for publication); click here for briefs
After arresting Lewis for OWI, police searched his car and found marijuana. Lewis moved to suppress based on Arizona v. Gant, 556 U.S. 332 (2009), which permits a warrantless search of a car and containers within incident to arrest when it is reasonable to believe evidence relevant to the crime might be found there. Lewis lost his motion and appeal.
Police had probable cause to administer PBT
City of Sheboygan v. Nathan J. Becker, 2014AP1991, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity (including briefs)
After police stopped Becker because of erratic driving at 11:30 p.m. on July 4 they observed additional evidence of impairment—glassy eyes, slurred speech, odor of alcohol. Becker admitted he’d been drinking and turned in a mixed performance on the FSTs. Under the totality of the circumstances, the officer had probable cause to ask Becker for a preliminary breath test under § 343.303 and County of Jefferson v.
Deja vu: McNeely-based challenge to blood draw falls to good-faith exception
State v . Randall L. Shepherd, 2014AP962, 2/5/15, District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs
A another day. Another challenge to a pre-McNeely warrantless blood draw bites the dust.
Request for driver’s ID was reasonable extension of stop
State v. Rachel L. Huck, 2014AP2190-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs)
Having stopped a vehicle on reasonable suspicion that the registered owner had a suspended license, the officer was entitled to continue the detention to ask the driver—who clearly wasn’t the registered owner—for his driver’s license.