Heavy Traffic to a Residence and Probable Cause
The court of appeals decided a case today concerning a fact pattern that arises frequently in drug cases. State v. McKinney began when an officer received a “citizen complaint” about […]
December 12, 2013
Video Surveillance Cameras
Law enforcement officers are making more and more use of video surveillance cameras, often mounted on utility poles. Sometimes these cameras are focused on streets or parks, as discussed in […]
December 4, 2013
Four hour delay to obtain search warrant an exigency, at least for now
The court of appeals decided its first post-Missouri v. McNeely alcohol exigency case yesterday. The court in State v. Dahlquist determined that the four to five hours that the arresting […]
December 3, 2013
Does the Trespass Theory of the Fourth Amendment Limit the Scope of Knock and Talks?
In United States v. Jones, 565 U.S. __ (2012), and Florida v. Jardines, 569 U.S. __ (2013), the Supreme Court announced a new, or perhaps revived an old, understanding of […]
November 19, 2013
Returns and Inventories for Computer Search Warrants
More and more criminal investigations involve searches of computers and other digital devices. It is sometimes difficult to apply long-established search and seizure law to the practical realities of digital […]
November 14, 2013
How Should the Police Respond to a Report of a Man with a Gun?
Case study: the Neenah stop. Recently in Neenah, WI, a woman called the police to report a man with a gun strapped to his back walking down the street. The […]
November 7, 2013
Re-examining Implied Consent after McNeely, Part III
The first two posts in this series (here and here) discussed opinions from state supreme courts in Arizona and Minnesota considering, post-McNeely v. Missouri, 133 S.Ct. 1552 (2013), whether a […]
November 6, 2013
Re-examining Implied Consent After McNeely, Part II
Yesterday’s post discussed challenges to implied consent laws raised by defendants following the Supreme Court’s decision last spring in Missouri v. McNeely, 133 S.Ct. 1552 (2013). The post summarized the […]
November 5, 2013
Re-examining Implied Consent After McNeely, Part I
The United States Supreme Court held last term in Missouri v. McNeeIy, 133 S. Ct. 1552 (2013), that the natural dissipation of alcohol in a person’s bloodstream does not constitute […]
October 23, 2013
Can I Get Some Relief Here?
That’s what I said to my husband during the breakfast hour this morning, while I was working as a short-order cook and waitress for three rather demanding customers (our children). […]
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