On Point blog, page 1 of 1
COA rejects novel discovery claim and other challenges to child pornography conviction
State v. Jacob Richard Beyer, 2022AP2051, 1/11/24, District 4 (not recommended for publication); case activity (including briefs)
Although Beyer labors mightily at conjuring up legal arguments for reversal, COA is uniformly unpersuaded and unimpressed by his arguments and affirms.
Challenge to telephonic search warrant procedure fails
State v. Donald A. Whitaker, 2022AP204-CR, District 2, 7/27/22 (one-judge decision; ineligible for publication); case activity (including briefs)
A telephonic warrant may be valid even if the court did not arrange for an electronic or written recording of the officer’s telephone call to be made.
Police didn’t unreasonably execute warrant for blood draw
State v. William Lawrence Bonfiglio, 2019AP188-CR, District 4, 10/22/20 (one-judge decision; ineligible for publication); case activity (including briefs)
Police immobilized Bonfiglio because they thought he was going to resist the blood draw authorized under the search warrant they had obtained. The court of appeals rejects Bonfiglio’s claims this constituted an unreasonable execution of the warrant.
SCOW to review whether delay in execution voids warrant for placing GPS tracking device
State v. Johnny K. Pinder, 2017AP208-CR, certification granted 3/14/18; case activity (including briefs)
Issue (from certification)
If a search warrant issued under Wis. Stat. § 968.12 for the placement and use of a GPS tracking device on a motor vehicle is not executed within five days after the date of issuance per Wis. Stat. § 968.15(1) is the warrant void under § 968.15(2), even if the search was otherwise reasonably conducted?
SCOTUS will decide whether Microsoft has to provide emails sought under warrant when the emails are stored overseas
United States v. Microsoft Corp., USSC No. 17-2, certiorari granted 10/16/17
Whether a United States provider of email services must comply with a probable-cause-based warrant issued under 18 U.S.C. § 2703 by making disclosure in the United States of electronic communications within that provider’s control, even if the provider has decided to store that material abroad.
Telephonic warrant for OWI blood draw satisfied § 968.12(3)
State v. Roberto F. Orozco-Angulo, 2014AP1744-CR, District 2, 4/8/15 (one-judge decision; ineligible for publication); case activity (including briefs)
The procedure used to obtain a telephonic search warrant for a blood draw following Orozco-Angulo’s arrest for OWI and his refusal to submit to a blood test complied with the requirements of § 968.12(3) and therefore suppression of the evidence was not appropriate.
Court of appeals upholds broad warrants to search Google and Yahoo email accounts
State v. Kelly M. Rindfleisch, 2014 WI App 121; case activity
Just how “particular” must a warrant to search a Gmail and Yahoo! Mail be in order to survive the Fourth Amendment’s “particularity” requirement? And does the answer change when the warrant is for searching the email accounts of someone other than the person suspected of the crime described in the warrant? In this split opinion the majority upheld broad search warrants requiring Google and Yahoo to turn over email expected to show that one former Walker aide had committed a crime, but which showed that the account owner (another former Walker aide) had also committed a crime.
Execution of search warrant — detention of person not in “immediate vicinity”
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.