On Point: 35. Search & Seizure

Bailey v. United States, USSC No. 11-770, 2/19/13

United States Supreme Court decision, reversing and remanding United States v. Bailey, 652 F.3d 197 (2d Cir. 2011)

The Court holds it was not reasonable for police to seize an individual incident to the search of the individual’s residence when the individual was not in the “immediate vicinity” of the place being searched. The holding is an elaboration of the rule from Michigan v.

State v. Derik J. Wantland, 2013 WI App 36, petition for review granted 11/21/13; case activity

It was not unreasonable for the police to search a briefcase found in a vehicle during a traffic stop after the driver consented to a search of the car and the passenger did not unequivocally assert ownership of the briefcase and withhold consent to its search.

State v. James G. Brereton, 2013 WI 17, affirming 2011 WI App 127; case activity

Search and seizure of vehicle — attaching GPS tracking device

After lawfully stopping Brereton, the police removed him from his car, towed it to a lot, and, after obtaining a warrant, attached a GPS tracking device. The car was returned to Brereton, and ensuing monitoring led to information connecting him to a crime.

State v. Juan G. Gracia, 2013 WI 15; affirming unpublished court of appeals decision; case activity

Warrantless Entry – “community caretaker” exception

Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine because the police had an objectively reasonable basis to believe Gracia needed assistance, distinguishing State v.

State v. Jeremiah J. Purtell, 2012AP1307-CR, District 2, 3/7/13  (not recommended for publication); petition for review granted 11/20/13.  Case activity.

This case concerns a probation agent’s search of the defendant’s computers.  Following a conviction for 2 counts of animal cruelty, a court placed the defendant on probation and imposed a condition that he not own or possess a computer. 

Village of Spring Green v. Michael D. Deignan, 2012AP1303, District 4, 2/28/13; court of appeals decision (1-judge, ineligible for publication); case activity

The court of appeals rejects the claim that § 175.40(6), which authorizes an officer to arrest or provide aid or assistance anywhere in the state under written inter-agency agreements, should govern the lawfulness of defendant’s arrest because it is more specific than Wis. Stat. § 175.40(2), which authorizes an officer to arrest while engaging “in fresh pursuit” anywhere in the state:

¶14      ….

State v. Jonathan A. Herr, 2013 WI App 37; case activity

In a case arising from a high-speed chase and subsequent arrest for OWI, the court holds that the use of unreasonable force to arrest the defendant does not require the suppression of evidence that was not a product of, or causally related to, the alleged unreasonable force.

Police saw Herr driving erratically and attempted to stop him.

State v. Edward C. Lefler, 2013 WI App 22; case activity

Probable cause found to search trunk of vehicle for evidence of burglary-related crimes, after an indisputably lawful stop for drunk driving:

¶11      …  “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search.”  United States v.

Dane County v. Steven D. Koehn, 2012AP1718, District 4, 1/10/13

Court of appeals decision (1 judge; ineligible for publication); case activity

Motion to suppress evidence of intoxication properly denied because arresting officer had probable cause to administer a preliminary breath test. The court of appeals rejects Koehn’s claims that the officer’s failure to testify about the significance of the results of field sobriety tests means those results should have “minimal significance” in determining probable cause to administer the PBT:

¶10      I first conclude that,

State v. Bobby L. Tate, 2012AP336-CR, District 1, 12/27/12;  court of appeals decision (not recommended for publication), petition for review granted 6/12/13; case activity

Order allowing police to track the current location of cell phone upheld, rejecting Tate’s argument that it constituted an illegal search warrant:

¶8        The heart of Tate’s argument on appeal is that the order authorizing the tracking of Tate’s phone to find its location was invalid under Wis.