On Point: 35. Search & Seizure

State v. Gary A. Senger, 2011AP1950-CR, District 2, 1/18/12

court of appeals decision (1-judge, not for publication); for Senger: Robert C. Raymond; case activity

Applying the test described in State v. Betow, 226 Wis. 2d 90, 94-95, 593 N.W.2d 499 (Ct. App. 1999) for extending a traffic stop, the court concludes that the officer had reasonable suspicion to administer FSTs following a stop for driving with a revoked license.

State v. Joseph J. Wilcenski, 2013 WI App 21; case activity

Conditions of pre-trial release – alcohol treatment and testing; constitutionality

Waukesha County has adopted a policy that all persons arrested for OWI as a second or subsequent offense who live in one of ten counties be released from custody on the condition that they participate in a “pretrial intoxicated driver treatment program.” Wilcenski argues that this condition violates the constitutional rights to medical privacy and freedom from unreasonable searches.

Question Presented: 

Whether a dog sniff at the front door of a suspected grow house by a trained narcotics detection dog is a Fourth Amendment search requiring probable cause?

Scotusblog Page

Florida supreme court decision, State v. Jardines (4/14/11)

Coverage by Lyle Denniston, Orin Kerr (“fun stuff for Fourth Amendment nerds”), Kent Scheidegger (“This is solid police work”), 

court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12

Warrantless Entry – Community Caretaker 

Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine; State v. Ultsch, 2011 WI App 17, 331 Wis. 2d 242,

State v. Luke T. Nirmaier, 2011AP1355-CR, District 3, 12/28/11

court of appeals decision (1-judge, not for publication); for Nirmaier: Michael M. Rajek; case activity

The odor of alcohol on Nirmaier following a traffic accident resulting in substantial bodily injury triggered the implied consent law, notwithstanding absence of probable cause to arrest at that point:

¶9        Wisconsin Stat. § 343.305(3) outlines different scenarios in which an officer may invoke the implied consent law and request a chemical test of an individual’s breath,

State v. Jason E. Goss, 2011 WI 104, affirming court of appeals summary order;  for Goss: Daniel J. Chapman; case activity

¶2   We are asked to determine whether the officer’s request for the PBT breath sample was made in violation of Wis. Stat. § 343.303, which states that an officer “may request” a PBT breath sample “[i]f a law enforcement officer has probable cause to believe that the person is violating or has violated s.

State v. Kenneth M. Sobczak, 2012 WI App 6 (recommended for publication), petition for review granted, 6/13/12; for: Sobczak: Ryan J. Hetzel; case activity

¶6        The issue in this case is whether the girlfriend—as a guest in Sobczak’s parents’ home—had the authority to consent to the officer’s entry into the Sobczak residence and to the search and seizure of Sobczak’s laptop.[1]  We hold that she did

State v.

State v. Anthony D. Guard, 2012 WI App 8 (recommended for publication); for Guard: Richard L. Zaffiro; case activity

Warrantless Entry – Duplex, Common Hallway

Guard, a resident of a duplex upper flat, had a reasonable expectation of privacy in a hallway by which his unit was accessed, such that warrantless police entry into that hallway without consent or exigent circumstances violated the fourth amendment; factors enunciated by State v.

on review of summary opinion; for Miller: Martha K. Askins, SPD, Madison Appellate; case activity

Terry Stop – Reasonable Suspicion

Issue (composed by On Point): 

Whether information obtained from a jail inmate and other, anonymous sources established reasonable suspicion for a Terry stop.

Neither the court of appeals summary order nor Miller’s petition for review is available on-line. The briefs filed in the court of appeals indicate that Miller’s car was stopped after the police received information that he was transporting drugs.

County of Calumet v. Daniel A. Ryan, 2011AP490, District 2, 12/14/11

court of appeals decision (1-judge, not for publication); for Ryan: John M. Carroll; case activity

Officers, investigating a one-car accident, approached Ryan’s home, knocked on his door and “(a)fter several minutes of ‘back and forth,’ Ryan came out of his residence” (admittedly “voluntarily”). Subsequent testing revealed him to be intoxicated and he was convicted of OWI.