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‘Possible Cause’ Is All That’s Needed for Geofence Warrants

Article • March 15, 2022 • from CLN April, 2022

Filed under: Police State-Surveillance, Electronic Surveillance

‘Possible Cause’ Is All That’s Needed for Geofence Warrants by Douglas Ankney by Douglas Ankney Thousands of protesters stormed the streets of Kenosha, Wisconsin, in response to yet another killing of a Black man. At the Kenosha Public Library, lighter fluid and rags were found in a window well. There …

Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional

Article • November 15, 2021 • from CLN December, 2021

Filed under: Warrantless Searches, Blood Samples/Tests

Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Wisconsin affirmed the decision of the Court of Appeals (“COA”) that had held the incapacitated driver provision of Wisconsin’s implied consent statute, Wis. Stat, § 343.305(3)(b), is unconstitutional …

Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure

Article • September 15, 2021 • from CLN October, 2021

Filed under: Traffic stop, Drug-Sniffing Dog, Unlawful Detention

Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure by Anthony Accurso by Anthony W. Accurso The Supreme Court of Wisconsin held that an officer who retained a motorist’s driver’s license without any reasonable suspicion of criminal activity—for …

HRDC v. Lincoln Co, Sheriff Schneider, et. al, WI, Complaint, Censorship, 2021

Filing • July 19, 2021

Filed under: Complaints, PLN Litigation, Censorship

HRDC v. Lincoln Co, Sheriff Schneider, et. al, WI, Complaint, Censorship, 2021 Case: 3:21-cv-00453 Document #: 1 Filed: 07/19/21 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN HUMAN RIGHTS DEFENSE CENTER, a not-for-profit corporation, Case No.: 3:21-cv-00453 Plaintiff, v. JURY TRIAL DEMANDED …

Wisconsin Supreme Court: Department of Corrections Database on Sex Offenders Evaluated for Civil Commitment Discoverable in Civil Commitment Proceeding

Article • July 15, 2021 • from CLN August, 2021

Wisconsin Supreme Court: Department of Corrections Database on Sex Offenders Evaluated for Civil Commitment Discoverable in Civil Commitment Proceeding by Matthew Clarke by Matt Clarke The Supreme Court of Wisconsin held that a Wisconsin Department of Corrections (“DOC”) database of persons the DOC evaluated for civil commitment as a sexually …

County of Kenosha, WI, Distrcit Attorney Report on the Officer Involved Shooting of Jacob Blake, 2021

Publication • 2021

Filed under: Shootings

County of Kenosha, WI, Distrcit Attorney Report on the Officer Involved Shooting of Jacob Blake, 2021 COUNTY OF KENOSHA DISTRICT ATTORNEY Michael D. Graveley District Attorney Report on the Officer Involved Shooting of Jacob Blake Synopsis This document contains the factual and legal conclusions of the Kenosha County District Attorney’s …

Ballots for All - Ensuring Eligible Wisconsinites in Jail Have Equal Access to Voting, 2021

Publication • 2021

Filed under: Voting Rights

Ballots for All - Ensuring Eligible Wisconsinites in Jail Have Equal Access to Voting, 2021 ALL VOTING IS LOCAL LEAGUE OF WOMEN VOTERS OF WISCONSIN ACLU OF WISCONSIN Ballots for All: Ensuring Eligible Wisconsinites in Jail Have Equal Access to Voting Table of Contents INTRODUCTION 1 BACKGROUND 3 RESULTS FROM …

News in Brief

Article • May 15, 2021 • from CLN June, 2021

Filed under: News in Brief

News in Brief by California: On March 12, 2021, federal prosecutors in California unsealed indictments against a pair of policemen accused of pocketing cash and drugs confiscated from suspects they pulled over in traffic stops. According to a report by Law & Crime, former Rohnert Park Police Department officers Brendon …

Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense

Article • April 15, 2021 • from CLN May, 2021

Filed under: Spisak Theory

Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit affirmed the grant of federal habeas corpus relief to a state prisoner, finding that counsel was ineffective for failing …

Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement

Article • April 15, 2021 • from CLN May, 2021

Filed under: Sentence Enhancements/Departures, Mitigating Role/Circumstances/Evidence, Distribution Enhancement

Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Fred McGee’s sentence because the U.S. District Court for the Western District of Wisconsin improperly imposed a two-level leadership enhancement under Sentencing Guidelines …

Lieberman v. Portage County, WI, Judgment, Violation of Surveillance Act, 2021

Brief • March 12, 2021

Filed under: Electronic Surveillance

Lieberman v. Portage County, WI, Judgment, Violation of Surveillance Act, 2021 Case: 3:18-cv-00450-jdp Document #: 149 Filed: 03/12/21 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRJCT OF WISCONSIN BRETT LIEBERMAN, individually and on behalf of all others similarly situated, Plaintiff, v. PORTAGE COUNTY, MIKE …

News in Brief

Article • January 15, 2021 • from CLN February, 2021

Filed under: News in Brief

News in Brief by Arizona: The family of 40-year-old Ryan Whitaker, who was fatally shot in the back by a police officer investigating a noise complaint, settled in December 2020 with the city of Phoenix for $3 million by unanimous City Council vote. Whitaker was shot in the doorway of …

Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released

Article • January 15, 2021 • from CLN February, 2021

Filed under: Conditions of, Prisoners' Rights

Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that Jeremy Hogenkamp was entitled to know, before he was released from prison, what the terms and conditions of …

Athlete Settles Tasing Suit Against Milwaukee Police

Article • January 15, 2021 • from CLN February, 2021

Filed under: Stun Guns/Tasers, Settlements, Constitutional Challenges/Law

Athlete Settles Tasing Suit Against Milwaukee Police by Edward Lyon by Ed Lyon A 2018 lawsuit by Milwaukee Bucks player Sterling Brown filed against the city of Milwaukee alleging police used excessive force ended with a $750,000 settlement. Milwaukee city attorney Tearman Spencer and assistant city attorney Robin A. Pederson …

News in Brief

Article • December 15, 2020 • from CLN January, 2021

Filed under: News in Brief

News in Brief by Alaska: A plan to shift the response to mental health crises away from police and into the hands of mental health professionals made strides in November 2020. The Assembly approved money to launch a mobile crisis intervention team. In Anchorage, it would operate at the fire …

Barnett v. Goldsmith, WI, Settlement, Retaliation-Beating, 2020

Brief • December 2, 2020

Filed under: Retaliation, Guard Brutality/Beatings

Barnett v. Goldsmith, WI, Settlement, Retaliation-Beating, 2020 MUTUAL RELEASE AND SETTLEMENT AGREEMENT This Mutual Release and Settlement Agreement ("Agreement") is made among Kuan Barnett (Plaintiff), the State of Wisconsin, the Wisconsin Department of Corrections ("DOC") and all current and former employees of those entities (collectively, "State"). WHEREAS, Plaintiff challenges actions …

Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography

Article • October 15, 2020 • from CLN November, 2020

Filed under: Child Pornography

Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography by Anthony Accurso by Anthony Accurso   The U.S. Court of Appeals for the Seventh Circuit held that a conviction under 18 U.S.C. § 2251(a) for production of child pornography cannot be sustained …

Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence

Article • October 15, 2020 • from CLN November, 2020

Filed under: Traffic Stops, Suppression, Fourth Amendment/Variance Violations

Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence by Anthony Accurso by Anthony Accurso The Supreme Court of Wisconsin held that the Court of Appeals erred when it affirmed the denial of a suppression motion because officers were not acting in their role as “community …

Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act

Article • September 15, 2020 • from CLN October, 2020

Filed under: First Step Act, Abuse of Discretion Standard

Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Western District of Wisconsin abused its discretion when it denied …

News in Brief

Article • September 15, 2020 • from CLN October, 2020

Filed under: News in Brief

News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …