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Zealous Advocacy in Wisconsin: Wisconsin Supreme Court Rules and the American Bar Association (ABA)

Criminal Defense

Zealous Advocacy in Wisconsin: Wisconsin Supreme Court Rules and the American Bar Association (ABA)

Zealous advocacy is often invoked as a cornerstone of the legal profession and used as a guiding principle for Wisconsin lawyers. However, there are differences in how the concept of zealous advocacy is defined and applied in different legal contexts and jurisdictions. This contrast is evidenced by the removal of references to zealous advocacy in […]

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Can A Police Officer Search My Car Because He Claims To Smell Marijuana?

As marijuana remains illegal in Wisconsin but legal in surrounding states, more Wisconsin residents find themselves traveling outside Wisconsin to obtain marijuana. Marijuana, however, even when legally purchased, cannot legally be possessed in Wisconsin. Individuals transporting legally purchased marijuana into Wisconsin often find themselves subjected to routine police contacts, such as speeding or driving with a

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Sliding Into Your Judge’s DMs

We live in a connected world. Facebook, SnapChat, Tik Tok, LinkedIn, Instagram. The manner in which people socialize online is nearly endless. This web of interconnected posts, likes and online friendships creates a substantial risk of bias and conflicts of interest in our court systems. The Wisconsin Supreme Court recently waded into the tangled web of online

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Police Encounters – Your Right To Remain Silent and Refuse Searches

Most Americans are familiar with the “right to remain silent” and that police need a warrant to search your things. But there is often a disconnect between knowing these rights and having the confidence to assert them. People often think that refusing to answer questions or refusing to give consent for officers to conduct a

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Law Enforcement Stops Based on Emergency Order

On March 24, 2020, Wisconsin Governor Tony Evers issued Emergency Order #12 – “Safer at Home”. The Order is intended to slow the spread of the coronavirus by requiring Wisconsin residents to practice certain forms of social distancing and quarantining. While the Order places severe restrictions on travel, it contains a number of exceptions, including allowing individuals

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The Unintended Consequences in Wisconsin of Marsy’s Law

On April 7, 2020, Wisconsin voters took to the polls and overwhelmingly voted to adopt “Marsy’s Law,” which amends Wisconsin’s Constitution in a manner that claims to protect victims’ rights. At first glance, the proposal appears beneficial. It promises to give crime victims the constitutional right to enforce their rights in court during the criminal

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Supreme Court Permits Law Enforcement Officers To Inquire About Weapons in Vehicles

The Wisconsin Supreme Court recently had the opportunity to address the issue of whether a police officer can ask a motorist, during a routine traffic stop, if the motorist possessed a valid concealed carry (CCW) permit and whether there were any fireams in the vehicle.  A discussion of the Milwaukee County Circuit Court and Court of Appeals treatment of this issue

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The Right to Privacy in a Digital World

We live in a digital age.  As technology advances, the law has struggled to keep up, which has created tension between law enforcement’s needs to investigate crimes and individuals’ constitutionally protected rights to privacy.  One area where such tension continuously arises is with respect to law enforcement efforts to access information contained on cell phones.

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Court Grapples With Whether First Amendment Protects Harassment of Police Officers

Free speech is a right guaranteed to all citizens based on the 1st Amendment to the Constitution.  Over the years, tension has developed between individuals seeking to exercise their free speech rights and governments attempting to enforce laws and maintain peace.  Oftentimes, people exercising their free speech rights find themselves arrested and subject to criminal charges.

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