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Search and Seizure Digest

Apr 27, 2011

Evicted tenant has no Fourth Amendment rights

A tenant who has been served notice of a writ of restitution loses any expectation of privacy in the premises.

Apr 26, 2011

2010AP2191-CR State v. Davis

Search and Seizure Cartilage Where an officer entered a home’s attached garage uninvited, the fruits of the search must be suppressed. “We see no conflict between the Edgeberg and Leutenegger tests. Leutenegger effectively applies the Edgeberg test to the limited circumstance of an attached garage. As a general matter, it is unacceptable for a member […]

Apr 25, 2011

10-3033 U.S. v. Curlin

Search and Seizure Reasonable expectation of privacy A tenant has no reasonable expectation of privacy in his residence once a writ of restitution is issued. “The Fourth Amendment explicitly protects the house and entry by officers into a home is generally considered a search. But see Kyllo, 533 U.S. at 33 (noting that ‘a Fourth […]

Apr 7, 2011

10-1022 U.S. v. McDuffy

Search and Seizure Franks motions Even if the officer’s affidavit would have clarified that only one flake of marijuana was found in the defendant’s trash, the affidavit would still support probable cause for a search warrant. “McDuffy’s argument fails on the materiality prong of the Franks test, even if we assume for purposes of argument […]

Mar 22, 2011

09-3493 & 09-3636 U.S. v. Long

Search and Seizure Wiretaps Where the officer’s affidavit requesting authority for wiretaps indicated unsuccessful or limited success in the investigation, the request was properly granted. “The affidavit here was more than adequate to establish necessity, especially under our deferential standard of review. The affidavit laid out, in detail, the efforts used to investigate Long and […]

Mar 17, 2011

2010AP999-CR State v. Hocking

Search and Seizure Temporary seizures Following his conviction for possession of a switchblade knife, contrary to Wis. Stat. § 941.24(1), Samuel Hocking appeals the circuit court’s order denying his motion to suppress the knife as evidence. A police officer took the knife from Hocking during a temporary detention, but the officer did not immediately recognize […]

Mar 15, 2011

2010AP983-CR State v. Cooper

Search and Seizure Consent Michael R. Cooper appeals from a judgment of conviction entered upon his guilty plea to one count of possessing a firearm as a felon. He contends that the circuit court erred by denying his suppression motion. Because the evidence supports the circuit court’s finding that Cooper consented to the search he […]

Mar 15, 2011

2010AP2493-CR State v. Purintun

Search and Seizure Stop and detention; protective frisks Loren Purintun appeals a judgment of conviction for one count each of possessing THC and possessing drug paraphernalia and an order denying his motion for postconviction relief. Purintun contends the circuit court erroneously denied his motion to suppress evidence. We affirm. This opinion will not be published. […]

Mar 14, 2011

10-2094 U.S. v. McBride

Search and Seizure Scope and duration Questions that added a couple minutes to the duration of a traffic stop did not unreasonably prolong the stop. “In their content and duration, Gasvoda’s questions are hard to distinguish from inquiries by officers under similar circumstances that we have upheld as reasonable. See Taylor, 596 F.3d at 376 […]

Mar 10, 2011

2010AP1240 Waupaca County vs. Krueger

Search and Seizure Citizen arrests Heather Krueger was convicted of operating a motor vehicle while under the influence of an intoxicant. She complains that the circuit court erroneously denied her suppression motion. More specifically, Krueger argues that she was unlawfully detained by a citizen and that this unlawful detention should result in the suppression of […]

Mar 8, 2011

2010AP1101-CR State v. Aderholdt

Search and Seizure Search warrants; probable cause Richard Aderholdt appeals a judgment convicting him of manufacturing THC with intent to deliver and maintaining a drug trafficking place. He argues that the circuit court erred when it denied his motion to suppress evidence seized pursuant to a search warrant because the affidavit in support of the […]

Feb 22, 2011

09-4089 U.S. v. Slone

Search and Seizure Probable cause Were the defendant engaged in extended, coordinated activity with another suspect who had just received a large shipment of marijuana, the officers had probable cause to arrest him. “Knowing that there were drugs in the Explorer and that the Dodge truck followed for an improbably long duration, making a series […]

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