Justia Constitutional Law Opinion Summaries

After Mother and Father divorced, Grandmother filed a motion seeking to visit her four grandchildren. The circuit court ultimately denied the motion, concluding that Grandmother failed to prove that she maintained “a parent-like relationship” with the children pursuant to Wis. Stat. 767.43(1). The children appealed, and the the court of appeals affirmed. The Supreme Court reversed, holding (1) section 767.43(1) does not require a grandparent, great-grandparent, or stepparent who files a motion for visitation rights to prove that he or she has maintained a parent-like relationship with the child, as the parent-child relationship element applies only to a person seeking visitation rights who is not a grandparent, great-grandparent, or stepparent; and (2) the legislature’s decision to allow courts to grant visitation rights to grandparents, great-grandparents, and stepparents when visitation is in the best interest of the child does not infringe on parents’ constitutional rights. View "S. A. M. v. Meister" on Justia Law

Defendant pled no contest to possession of narcotic drugs. Defendant appealed, challenging the denial of his motion to suppress a warrantless draw of his blood. Later testing of Defendant’s blood indicated the presence of opiates and morphine. The circuit court held that the warrantless draw of Defendant’s blood was justified under the exigent circumstances exception to the warrant requirements of the federal and state Constitutions. The court of appeals affirmed the denial of Defendant’s motion to suppress, but on different grounds, determining that the good faith exception to the exclusionary rule applied to prevent suppression of the drug-related evidence. The Supreme Court affirmed, holding that the warrantless blood draw was constitutional because it was supported by exigent circumstances. View "State v. Parisi" on Justia Law

Police obtained evidence of marijuana production in Defendant’s home while investigating the source of injuries sustained by Defendant’s brother. Defendant was subsequently charged with possession of drug paraphernalia, possession of THC, and manufacture or delivery of THC. Defendant filed a motion to suppress the evidence as unconstitutionally conducted without a warrant and without consent. The circuit court denied the motion. The court of appeals reversed, holding that the officers were not exercising a bona fide community caretaker function and that the officers’ search did not constitute a lawful protective sweep. The Supreme Court affirmed, holding that the officers reasonably exercised a bona fide community caretaker function when they searched Defendant’s home, and therefore, the search was lawful. View "State v. Matalonis" on Justia Law

The Department of Transportation (DOT) eliminated Hoffer Properties, LLC’s direct driveway connections to a controlled-access highway and separately exercised its power of eminent domain to acquire .72 acres of Hoffer’s land to extend Frohling Lane westward so as to connect Hoffer’s property to the highway. Hoffer appealed the amount of compensation, arguing that compensation for the .72 acre must include the diminution of value of the property due to the loss of direct access to the highway. The circuit court granted partial summary judgment to DOT, concluding that Hoffer’s direct access to the highway was a noncompensable exercise of the police power and that reasonable access had been given as a matter of law. The court of appeals affirmed, concluding that summary judgment was proper because DOT provided alternate access to Hoffer’s property. The Supreme Court affirmed, holding that Hoffer was precluded from compensation under Wis. Stat. 32.09(6)(b) because alternate access to the property was provided by the Frohling Lane extension. View "Hoffer Props., LLC v. State" on Justia Law

Defendant was stopped by police inside the parking garage underneath his apartment building and subsequently arrested for operating while intoxicated. Defendant filed a motion to suppress, arguing that his Fourth Amendment rights were violated because the officers’ conduct occurred during a warrantless entry into a constitutionally protected area - the curtilage of his home. The circuit court denied the motion to suppress, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) the parking garage under the apartment building did not constitute curtilage of Defendant’s home; (2) Defendant failed to show a reasonable expectation of privacy in the parking garage; and (3) therefore, Defendant’s stop and subsequent arrest in the garage did not violate the Fourth Amendment’s prohibition against unreasonable seizures. View "State v. Dumstrey" on Justia Law

A referee recommended that Attorney Sommers' license to practice law be suspended for 60 days for professional misconduct. He did not appeal. The Wisconsin Supreme Court held that the misconduct warrants public discipline, but deemed a public reprimand sufficient and imposed the full costs on Attorney Sommers, which total $5,033.16. Sommers was admitted to practice law in Wisconsin in 1992. His Wisconsin law license is currently suspended for nonpayment of State Bar dues and for noncompliance with continuing legal education requirements. Sommers was previously suspended for 30 days as discipline based on a related matter: allegations relating to improper ex parte communications, press releases, and other statements involving the judiciary. View "Office of Lawyer Regulation v. Sommers" on Justia Law

Purtell was on probation after conviction for animal cruelty when his computer was searched by a probation agent. Purtell was convicted of four counts of possession of child pornography (Wis. Stat. 948.12(1m)). The trial court denied a motion to suppress, reasoning that the search of Purtell's computer complied with Wis. Admin. Code DOC 328.21(3)(a) because she had reasonable grounds to believe the computer, which Purtell knowingly possessed in violation of the terms of his probation, contained contraband. The court of appeals concluded that the agent improperly searched the computer under the mistaken understanding that Purtell possessed images that violated the terms of his probation. Because the images were not prohibited under the terms of Purtell's probation or otherwise illegal to possess, the court of appeals held the probation agent lacked reasonable grounds to search the computer. The Wisconsin Supreme Court reinstated the conviction. A probation agent's search of a probationer's property satisfies the reasonableness requirement of the Fourth Amendment if the probation agent has "reasonable grounds" to believe the probationer's property contains contraband. The record demonstrates that the probation agent had reasonable grounds to believe Purtell's computer, which Purtell knowingly possessed in violation of the conditions of his probation, contained contraband. View "State of WI v. Purtell" on Justia Law

Plaintiffs - the Milwaukee Branch of the NAACP, Voces de la Frontera, and numerous individuals - challenged several provisions of 2011 Wis. Act 23, Wisconsin’s voter photo identification act, as unconstitutional. Act 23 requires an elector to present one of nine acceptable forms of photo identification in order to vote. The circuit court declared Act 23’s photo identification requirements unconstitutional and granted permanent injunctive relief, finding that the time, inconvenience and costs incurred in obtaining Act 23-acceptable photo identification impermissibly burden the right to vote. The Supreme Court reversed, holding that Plaintiffs failed to prove Act 23 unconstitutional beyond a reasonable doubt, as the burdens of time and inconvenience associated with obtaining Act 23-acceptable photo identification are not undue burdens on the right to vote and do not render the law invalid. View "Milwaukee Branch of the NAACP v. Walker" on Justia Law

Madison Teachers, Inc. and Public Employees Local 61 sued Governor Walker and three commissioners of the Wisconsin Employment Relations Commission challenging several provisions of Act 10, a budget repair bill that significantly altered Wisconsin’s public employee labor laws. Plaintiffs (1) alleged that certain aspects of Act 10 violate the constitutional associational and equal protection rights of the employees they represent; and (2) challenged Wis. Stat. 62.623, a separate provision created by Act 10, as a violation of the home rule amendment to the Wisconsin Constitution, and argued, in the alternative, that section 62.623 violates the constitutionally protected right of parties to contract with each other. The circuit court invalidated several provisions of Act 10, including the collective bargaining limitations, annual recertification requirements, and the prohibitions of fair share agreements and on payroll deductions of labor organization dues. The Supreme Court reversed and upheld Act 10 in its entirety, holding (1) Plaintiffs’ associational rights argument is without merit; (2) Act 10 survives Plainiffs’ equal protection challenge under rational basis review; (3) Plaintiffs’ home rule amendment argument fails because section 62.623 primarily concerns a matter of statewide concern; and (4) Plaintiffs’ Contract Clause claim fails. View "Madison Teachers, Inc. v. Walker" on Justia Law

Plaintiffs, the League of Women Voters of Wisconsin Education Network, Inc. and its president, brought a facial challenge to Wisconsin’s voter identification law, asserting that the legislature lacked authority under Article III of the Wisconsin Constitution to require an elector to present Act 23-acceptable photo identification. Act 23 requires an elector to present one of nine acceptable forms of photo identification in order to vote. The circuit court granted Plaintiffs’ motion for summary judgment, concluding that the challenged portions of Act 23 were unconstitutional in that they served as a condition for voting at the polls. The court of appeals reversed. The Supreme Court affirmed, holding (1) Plaintiffs failed to show that the photo identification requirement was on its face an additional qualification for voting; (2) Act 23 was validly enacted pursuant to the legislature’s authority; and (3) Plaintiffs’ facial challenge failed because Act 23’s requirement to present photo identification is a reasonable regulation that could improve and modernize election procedures, safeguard voter confidence, and deter voter fraud. View "League of Women Voters of Wis. Educ. Network, Inc. v. Walker" on Justia Law