On Point: B. Search warrants

State v. Collin M. Gallagher, 2017AP1403, 4/5/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Police took Gallagher’s blood by a warrant that the parties agree was supported by probable cause of operating while intoxicated. He argues, though, that the warrant did not, by its terms, authorize the subsequent testing of his blood–or, that if it did authorize testing, its failure to specify what sorts of testing were permitted rendered it an unconstitutional “general warrant.”

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?

State v. Ryan L. Schultz, 2017AP603-CR, 12/20/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs).

Schultz was convicted of operating a motor vehicle with a prohibited alcohol content 2nd offense. He sought suppression of his blood test results on the grounds that the warrant-issuing judge lacked probable cause, or alternatively, that Officer Halfmann’s application omitted facts that would have undermined a finding of probable cause. On appeal, Schultz lost both arguments.

State v. Bradley E. Ammann, 2017AP866-CR, 12/7/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

A state trooper stopped Ammann for speeding as he and his wife were driving home from a wedding reception. The trooper asked Amman to exit the car and then smelled intoxicants on him. This led to field sobriety tests and then a preliminary breath test showing that Ammann had an .068 alcohol concentration. He almost escaped with a mere citation for speeding except the trooper had to go and check his driving record.

State v. Willie Brownlee, Jr., 2015AP2319-CR, 11/21/17, District 1, (not recommended for publication); case activity (including briefs)

Two officers stopped Brownlee after he drove his rental car through a red light. One officer approached the driver’s side, the other approached the passenger side occupied by Brownlee’s friend. Both smelled the distinct odor of burnt marijuana. They ordered Brownlee and his friend out of the car and searched it. Guess what they found in the glove compartment?

United States v. Microsoft Corp., USSC No. 17-2, certiorari granted 10/16/17

Question presented:

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.

State v. Guy S. Hillary, 2017 WI App 67; case activity (including briefs)

In this case, a deputy applied for a warrant, saying he had

received anonymous information on June 13, 2014 that a subject went to Guy S Hillary’s residence to fix a vehicle and Hillary proceeded to show the complainant a very large marijuana grow in a garage on Hillary’s property. Complainant stated that there are several grow rooms within the garage containing several large marijuana plants. Complainant stated that Hillary was bragging about how much money he makes selling marijuana.

Both parties agree that this did not establish probable cause–their dispute is about whether other information in the affidavit was lawfully obtained and, if not, whether it had to be excised. The court of appeals, however, rejects the state’s concession and declares this tip good enough.

State v. Samuel Silverstein, 2017 WI App 64; case activity (including briefs)

Pursuant to a warrant, police searched Silverstein’s computer for child porn. The “informer” was Tumblr, which is required by federal law to report suspected child pornography to the National Center for Missing and Exploited Children. Silverstein challenged the warrant as well as the mandatory minimum sentence the trial court imposed per §939.617, which he contends is unconstitutionally vague.

State v. Marcus L. Pantoja, 2016AP1289, 7/05/17, District 1 (not recommended for publication); case activity (including briefs)

Police raided the apartment where Pantoja was living with his girlfriend; he claims on appeal that there was neither probable cause for the warrant nor reasonable suspicion of danger justifying its no-knock authorization, which turned up drugs and guns. The court of appeals disagrees and affirms.

State v. Angelo M. Reynolds, 2016AP420-CR, District 4, 6/22/17 (one-judge decision; ineligible for publication); case activity (including briefs)

Police had sufficient probable cause to request that Reynolds provide a preliminary breath test under § 343.303.