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Fourth Amendment

Jan 19, 2016

OWIs are serious business, but let’s not forget privacy rights

"Should police automatically have the right to search the vehicle of someone arrested on suspicion of OWI? Or should they have to show that they have some reason, particular to the driver who was arrested, to believe that OWI-related evidence will be found in the vehicle?"

Jan 15, 2016

Justices: Police OK to chase man in parking garage

The Wisconsin Supreme Court says Waukesha police didn't violate a man's constitutional rights when they pursued him into a parking structure on suspicion of drunken driving.

Sep 25, 2015

ON THE DEFENSIVE: The expanding Fourth Amendment

In recent years, some of the biggest cases before the United States Supreme Court have dealt with how Fourth Amendment protections should apply in modern circumstances.

May 5, 2015

State’s high court reinstates drunken driving conviction

The Wisconsin Supreme Court has overturned a lower court ruling and reinstated a fourth drunken driving conviction against a Madison-area man.

Jan 29, 2015

State Supreme Court takes on 2 new cases

The Wisconsin Supreme Court will take two new cases this term.

Oct 6, 2014

ON THE DEFENSIVE: Defense lawyers are too hard on Scalia

Justice Antonin Scalia has been the target of considerable invective, largely because of his support for the death penalty.

Sep 22, 2014

BENCH BLOG: Court cuts through father’s arguments against wire in incest case

Is a teenager capable of consenting to wear a wire? The Court of Appeals recently addressed this issue of first impression in Wisconsin.

Aug 6, 2014

ON THE DEFENSIVE: Technology a constant threat to clients’ privacy

In a rare unanimous decision, the U.S. Supreme Court recently ruled in Riley v. California that police must secure a warrant before searching a cellphone owned by a criminal suspect.

Jul 24, 2014

Divided justices uphold cellphone tracking cases

The Wisconsin Supreme Court – while not always agreeing on the basis for its decisions – upheld two homicide cases Thursday where police found suspects by tracking their cellphones without a warrant.

Jul 18, 2014

State high court approves police window knock

A divided Wisconsin Supreme Court ruled Friday that a police officer knocking on the window of a car does not by itself violate a person's constitutional right against unreasonable seizures.

Jun 10, 2014

Case analysis: Blood draw constitutional in fatal U-turn accident

Even though there was “no dispute” that a sheriff’s deputy lacked probable cause, the Court of Appeals ruled he did not violate state law or a defendant’s Fourth Amendment rights when requesting a blood draw at the scene of a fatal crash.

May 20, 2014

Defense lawyers fear slippery slope after US high court’s anonymous call ruling

Criminal defense attorneys are expressing concerns about a recent decision from the U.S. Supreme Court holding that a vehicle search based on an anonymous 911 call was constitutional.

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