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Saturday, July 30, 2011

Supreme court could decide Fourth Amendment issue relating to firearm searches

From the State Bar of Wisconsin:
The Wisconsin Supreme Court could decide whether a sentencing court can eliminate a person’s Fourth Amendment rights when it comes to searching for firearms during a period of extended supervision.

Yesterday, the District III Wisconsin Court of Appeals certified State v. Rowan to review a sentencing court order allowing extended supervision on condition that Tally Ann Rowan allow law enforcement to search her, her vehicle, or her residence any time without probable cause or reasonable suspicion.

“There are no cases in Wisconsin that address this issue,” the appeals court noted. “Because this is a novel issue of statewide importance that is certain to recur, we hereby certify this appeal. …”

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