On Point

City of Chippewa Falls v. Kenneth C. Hein, No. 09AP2729, District III, 6/23/10 court of appeals decision (1-judge; not for publication); for Hein: Paul D. Polacek; BiC; (Resp. not on-line); Reply Stop of Hein’s vehicle was supported by “reports of suspicious activity about 2:30 a.m., the nature of which was unknown:” ¶10      … A prudent officer […]

Village of Whitefish Bay v. David W. Czirr, No. 2010AP92, District I, 6/22/10 court of appeals decision (1-judge; not for publication); for Czirr: Rex Anderegg; BiC; Resp.; Reply Driving across median, even for very brief period of time, establishes probable cause to arrest for traffic offense: ¶14      Next, Czirr does not specifically argue that momentarily being […]

John Ebert v. Gaetz, 7th Circuit No. 09-1627, 6/23/10 7th circuit court of appeals decision When the ineffective assistance claim is based on counsel’s failure to file a motion to suppress, as it is here, the defendant must also prove “that his Fourth Amendment claim is meritorious and that there is a reasonable probability that […]

Magwood v. Patterson, USSC No. 09-158, 6/24/10 After a defendant has been resentenced in state court pursuant to relief granted on a federal habeas petition, a second federal habeas petition challenging the new sentence will be treated as a first petition (vs. a “2nd or successive” petition), even if raising grounds that could have been raised […]

State v. Melvin G. Walton, No. 2009AP001304-CR, District I, 6/22/10 court of appeals decision (3-judge, not recommended for publication); for Walton: Byron C. Lichstein; BiC; Resp.; Reply Prosecutorial Failure to Disclose Evidence ¶28     The State has two separate evidence-disclosure responsibilities: a statutory responsibility imposed by WIS. STAT. § 971.23 and a constitutional responsibility […]

State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision For Kyles: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: The following factors did not add up to reasonable suspicion supporting the frisk of a passenger during a routine traffic stop (¶17): (1) The officer testified that he “didn’t feel any particular threat before searching” the […]

“de minimis non curat lex” On Point will be out of commission until 6/28. Mr. Badger has kindly consented to waive copyright protection in the interim, after which he returns to well-earned obscurity.

State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: Answering call on lawfully seized cell phone proper, given existence of “probable cause to believe that the cell phone was a tool used in drug trafficking,” plus exigent circumstances (danger of evidence destruction), ¶¶35-42. Probable cause, of […]

State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: Exigent circumstances did not support browsing through image gallery of lawfully seized cell phone:  “That data was not in immediate danger of disappearing before Belsha could obtain a warrant,” ¶33. The court of appeals had merely assumed […]

7th circuit court of appeals decision Warrantless Entry – Emergency Doctrine – 911 Call According to David, the police violated the fourth amendment by entering without probable cause and refusing to leave as soon as Karen asked them to go. Like the district judge, we think that a 911 call provides probable cause for entry, […]