On Point blog, page 61 of 142
Once again, a McNeely-based challenge to a blood draw falls to the good-faith exception
State v. Tyler M. Pasch, 2014AP1193-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs)
Another day, another decision holding the good-faith exception to the exclusionary rule applies to blood drawn without a warrant or exigent circumstances because the blood draw happened before Missouri v. McNeely, 133 S. Ct. 1552 (2013), effectively overruled State v. Bohling,
Warrantless entry allowed where police pounding on front door sparks shuffling sounds
State v. Andre Bridges, 2013AP350-CR, district 2; 1/27/15 (not recommended for publication); case activity
If any doubt remained, rest assured that if police have probable cause to believe there are drugs in your apartment, pound on your door, yell “Milwaukee police” and then hear sounds of movement, they may bust down your door and conduct a “protective sweep.”
Law enforcement need not activate squad car video when making traffic stop
County of Calumet v. Lisa L. Dolajeck, 2014AP2100, District 2, 1/21/15 (one-judge opinion; ineligible for publication); case activity
The court of appeals here affirms a decision denying a motion to dismiss OWI charges and a motion to suppress evidence obtained during a traffic stop. It holds that the sheriff in this case had reasonable suspicion to make the stop, and nothing requires law enforcement officers to record a stop even if they have video cameras in their squad cars.
Bad driving after bar time, odor of alcohol, admission of drinking, etc., adds up to probable cause to arrest for OWI
Fond du Lac County v. Robyn M. Pollack, 2014AP1936, District 2, 1/14/15 (1-judge decision; ineligible for publication); case activity
Pollack’s license was properly revoked after refusing a chemical test because the police officer had probable cause to arrest her for OWI under the totality of the circumstances.
State v. Richard E. Houghton, Jr., 2013AP1581-CR, petition for review granted 1/13/15
Review of an unpublished per curiam court of appeals decision; case activity
Issue (composed by On Point)
Can a police officer’s reasonable mistake of law give rise to reasonable suspicion or probable cause necessary to uphold a seizure under article I, §11 of the Wisconsin constitution?
Police had reasonable suspicion to do a protective sweep of car for weapons; officer’s trial testimony didn’t vouch for another witness
State v. Terrance L. Ware, 2014AP378-CR, District 1, 12/30/14 (not recommended for publication); case activity
The totality of the circumstances surrounding the investigative stop of Ware’s car gave the police reasonable suspicion that Ware or his passenger was dangerous and might have access to a weapon hidden in the car, justifying a protective search of the car for weapons. In addition, a police officer wasn’t vouching for another state’s witness by saying the witness “told the truth” after additional questioning.
Squad car video doesn’t show trial court’s findings were clearly erroneous
County of Fond du Lac v. Jeffrey K. Krueger, 2014AP1494, District 2, 12/30/14 (1-judge decision; ineligible for publication); case activity
Krueger was stopped by an officer who said Krueger drove his car over the center line. Krueger disputed that and moved to suppress. At the suppression hearing the officer testified and the video from his squad car camera was played. The trial court found the video to be inconclusive and the officer’s testimony to be credible.
SCOW applies good-faith exception to the exclusionary rule to pre-McNeely blood draws, addresses exigency needed to justify a warrentless blood draw
State v. Cassius A. Foster, 2014 WI 131, 12/26/14, affirming a court of appeals summary disposition; majority opinion by Justice Crooks; case activity
State v. Alvernest Floyd Kennedy, 2014 WI 132, 12/26/14, affirming an unpublished court of appeals decision; majority opinion by Justice Gableman; case activity
State v. Michael R. Tullberg, 2014 WI 134, 12/26/14, affirming a per curiam court of appeals decision; majority opinion by Justice Ziegler; case activity
In these three cases, the supreme court addresses two issues arising from Missouri v. McNeely, 133 S. Ct. 1552 (2013): If a blood draw was conducted before McNeely in reliance on State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), does the good-faith exception to the exclusionary rule mean the test results should not be suppressed? And, if the dissipation of alcohol by itself doesn’t constitute exigent circumstances justifying a warrantless blood draw, what circumstances do establish such an exigency? Foster and Kennedy hold that the good-faith exception applies to pre-McNeely searches. Tullberg addresses the second question.
Warrantless entry to home wasn’t justified under community caretaker rule
State v. Charles V. Matalonis, 2014AP108-CR, District 2/4, 12/23/14 (not recommended for publication), petition for review granted 4/17/15; case activity
The warrantless search of Matalonis’s home, which led to the discovery of marijuana, was not justified under the community caretaker exception to the warrant requirement because there was no reasonable basis to believe there was an injured person in the home.
Unauthorized entry to apartment building’s secure parking garage didn’t violate Fourth Amendment
State v. Brett W. Dumstrey, 2015 WI App 5, petition for review granted 3/16/15, affirmed, 2016 WI 3; case activity
The court of appeals holds that the warrantless, nonconsensual entry by police into Dumstrey’s apartment complex parking garage was not unreasonable because the area was not part of the curtilage of Dumstrey’s home. The court also holds that any trespass by the police didn’t violate the Fourth Amendment because the garage wasn’t a constitutionally protected area. But a dissenting judge concludes prior Wisconsin case law establishes the garage was part of the curtilage and that the police conduct was unreasonable.