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Category: Pre-trial motions

What is a Shiffra Green motion?

Shiffra appellate decision The Court of Appeals decided: “We conclude that the defendant’s burden should be to make a preliminary showing that the sought-after evidence is relevant and may be helpful to the defense or is necessary to a fair determination of guilt or innocence.” They went on and applied the standard to Mr. Shiffra…

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What is the Sixth Amendment?

What does the Sixth Amendment say? The language of the Sixth Amendment itself is pretty straightforward: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained…

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4th Amendment Update with Kansas v. Glover?

Registered owner of the vehicle is revoked.  Can police pull me over? There is a case pending in the United States Supreme Court that will have a huge impact on drivers throughout the country.  Kansas v. Glover will address whether police can pull over a car solely because the registered owner of the car has...CONTINUE READING

Can I be searched on probation? Act 79 searches explained

Court of appeals Anderson challenged the search at the trial court level and lost the argument. The Court of Appeals affirmed the trial court decision.  That court found that “Seeger had sufficient basis to believe that Anderson was subject to Act 79.”  Further supporting that decision, the court found “Seeger was familiar with Anderson, having…

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Marijuana Smell in my Car

Did you know that if a police officer detects the smell of marijuana in your car during a traffic stop, he can search your car?  So long as marijuana remains illegal in Wisconsin, police can search your car based on the smell alone.  This post looks at car searches based on the smell of marijuana….

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What happens if I’m caught lying to the police?

And what happens if I lie to the police? As we previously discussed, you’ve committed a crime.  It’s called obstructing an officer, and it’s punishable by up to 9 months in jail, a $10,000.00 fine, or both.  Section 946.41 of the Wisconsin Statutes prohibits obstructing an officer.  Section 946.41 reads: … whoever knowingly resists or…

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What is a drug recognition expert (DRE)?

And how do they impact my OWI case? Operating while intoxicated is a crime in Wisconsin.  If you're accused of OWI, the government alleged you were operating a vehicle while intoxicated.  While most OWI cases involve drunk driving, this blog post focuses on drug recognition experts and drugged driving cases.  How does an officer qualify...CONTINUE READING

Entrapment as a Defense

Entrapment is one of the most commonly known defenses to criminal liability.  But, what does it actually mean?  And when does it apply?  In this blog post, criminal defense attorney Benjamin Van Severen explains what entrapment is.  He also explains common crimes where entrapment can be used. Procedure for the Entrapment Defense The accepted definition…

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Advanced Roadside Impaired Driving Enforcement

Meyer Van Severen, S.C. defends individuals accused of DWI and OWI throughout Wisconsin If you're charged with operating while intoxicated in Wisconsin, you may have encountered a law enforcement enforcement officer who has completed the Advanced Roadside Impaired Driving Enforcement (ARIDE) program.  The purpose of the ARIDE program, per the National Highway Traffic Safety Association...CONTINUE READING

Stand Your Ground – A Classic Case

A stand your ground case in Florida recently made national headlines.  Earlier this week, an Uber driver shot and killed a man who threatened him with what he believed to be a gun.  This post recaps the Florida case.  And it discusses the legal implications had this occurred in Wisconsin. If you are facing any kind…

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