On Point: 35. Search & Seizure

State v. Alberta R. Rose, 2013AP2783-CR, District 2, 6/4/14 (1-judge; ineligible for publication); case activity

A police officer’s observations of a car “smoothly swerving three or four times” in its lane of travel over several blocks and then “appear[ing] to strike the center line” (¶2) provided reasonable suspicion to perform a valid investigatory stop of the car, even though an enhanced version of the squad car video showed the car didn’t hit the center line.

State v. Joshua D. Winberg, 2013AP2661-CR, District 3, 5/28/14 (1-judge; ineligible for publication); case activity

The driver of a car stopped based on officer’s knowledge that the car owner’s license was revoked was not unlawfully seized because, even thought it was immediately apparent the car owner was not driving, the police also immediately observed additional suspicious information that justified the continued detention of the driver.

On review of published court of appeals decision; case activity

Issue (composed by On Point)

Did the good-faith exception to the exclusionary rule apply to a search of a home conducted in reliance on a search warrant that was itself based on a search by a drug-sniffing dog that violated Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409 (2013)?

State v. Megan A. Padley, 2014 WI App 65; case activity

The implied consent statute that allows an officer to ask for a driver for a blood sample when the officer lacks probable cause to arrest for OWI but has “reason to believe” the driver committed a traffic violation, § 343.305(3)(ar)2., is not facially unconstitutional. In addition, Padley’s consent to the blood draw in this case was voluntary. Finally, the police had the requisite “reason to believe” that Padley had committed a traffic violation and, thus, the deputy could rely on § 343.305(3)(ar)2. to put to her the choice of consent to a blood draw or automatic penalties.

Krysta Sutterfield v. City of Milwaukee, No. 12-2272 (7th Cir. May 9, 2014)

Nine hours after obtaining a § 51.15 emergency detention order, Milwaukee police officers forcibly entered Sutterfield’s home without a warrant, opened a locked container, and seized the handgun and concealed carry licenses that were in the container. Sutterfield filed a civil rights suit against them, but the district court granted summary judgment in favor of the defendants. The Seventh Circuit affirms in a long (76-page) decision with plenty to digest, even though it declines to resolve some of the constitutional issues raised because they were not preserved or fully argued. The court does conclude the entry was justified because the police reasonably believed Sutterfield was going to harm herself. And the court assumes the search of the closed container and  seizure of the gun were unlawful, but holds the officers are immune from civil liability.

New Berlin v. John Francis Downey, 2013AP 2352-FT, District 2, 5/14/14 (1-judge; ineligible for publication); case activity

An on-duty police officer had authority to stop Downey outside his jurisdiction because he was acting in response to an “emergency situation,” § 175.40(6)(a), and because he was in fresh pursuit of a law violator, § 175.40(2).

Waukesha County v. Dushyant N. Patel, 2013AP2292, District 2, 5/14/14 (1-judge; ineligible for publication); case activity

The result of a blood draw done in violation of Missouri v. McNeely, 133 S. Ct. 1552 (2013), are admissible under the good-faith exception to the exclusionary rule because police acted in conformity with clear, well-settled Wisconsin law that permitted the blood draw at the time it was done, even if the arresting officer didn’t cite that law in justifying the blood draw.

State v. Andrew K. Wenz, 2013AP2576-CR, District 1, 5/13/14 (1-judge; ineligible for publication); case activity

Police had reasonable suspicion to stop his car because the content of a tip from a known, reliable informant allowed police to ascertain whether they were stopping the correct vehicle.

State v. Gumersinda M. Gonzalez, 2013AP2585-CR, District 4, 5/8/14 (1-judge; ineligible for publication); case activity

The officer lacked reasonable suspicion to extend the duration of a traffic stop by asking a driver to perform field sobriety tests, so evidence of THC possession obtained during the stop must be suppressed.

Village of Grafton v. Carl J. Schlegel, 2013AP2521, District 2, 5/7/14 (1-judge; ineligible for publication); case activity

Police had probable cause to ask Schlegel to submit to a preliminary breath test under § 343.303 even though he wasn’t asked to perform field sobriety tests first, and the result of the PBT, along with the rest of the facts, gave police probable cause to arrest Schlegel for OWI.